Pratima Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.116 of 2013 ====================================================== Pratima Singh, Wife Of Sri Parmanand Pandey Resident Of Village And P.O. Pirhi, P.S. Babu Barahi, District- Madhubani, Presently Posted As District Program Officer, Banka, District- Banka ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Government Of Bihar, Patna 2.

The Secretary, Social Welfare Department, Government Of Bihar, Patna 3.

The Special Secretary, Social Welfare Department, Government Of Bihar, Patna 4.

The Joint Director, Integrated Child Development Scheme Directorate-Cum Enquiry Officer, Social Welfare Department, Government Of Bihar, Patna 5.

The Joint Secretary, Social Welfare Department, Government Of Bihar, Patna 6.

The District Magistrate, Banka, District- Banka 7.

Sri Alok Kumar Son of Not known to the Petitioner Presently Posted As Executive Officer, Nagar Parishad, Banka, District- Banka ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Singh, Advocate For the State :

AC to AAG 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-07-2024 Heard Mr. Binod Kumar Singh, learned counsel appearing on behalf of the petitioner and learned AC to AAG 4 for the State.

2. Learned counsel appearing on behalf of petitioner seeks to avail remedy of appeal / revision in accordance with the provision of Rule 24 of Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 for the relief, as sought for in the present writ petition against the order of minor penalty passed by the disciplinary authority. However, he

Patna High Court CWJC No.116 of 2013(7) dt.18-07-2024 2/2 submits that his appeal/revison may not be rejected on the point of limitation, considering the fact that petitioner has been pursuing the remedy before this Court soon after the petitioner has suffered the penalty order, contained in Memo No.5451 dated 04.12.2012, communicated to the petitioner under the authority of the Governor of Bihar.

3. Considering the aforesaid submissions made on behalf of the petitioner, the petitioner is at liberty to file appeal/revision before the concerned authority in accordance with the provision of Rule 24 of the CCA Rules, 2005. The petitioner is also required to file a limitation petition along with the memo of appeal/revision.

4. It is made clear that the limitation petition, if so filed, is required to be considered by the authority concerned in accordance with law, considering the fact that the petitioner has been pursuing the remedy before this Court soon after she has suffered the penalty order contained in Memo No.5451 dated 04.12.2012.

5. The writ petition is, accordingly, disposed of. (Purnendu Singh, J) Sanjay/- U