Narendra Kumar Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10045 of 2014 ======================================================

1. NARENDRA KUMAR MISHRA SON OF LATE RAGHUBANSH MISHRA, RESIDENT OF VILLAGE- BAKROUR, P.S.- BAKROUR, VIA- BODHGAYA, P.S.- BODHGAYA, DISTRICT- GAYA- 824231 (BIHAR) .... .... Petitioner/

VERSUS

1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETRARY, GENERAL ADMINISTRATION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA

2. THE DISTRICT MAGISTRATE, NALANDA, DISTRICT- NALANDA (BIHAR)

3. THE ADDITIONAL COLLECTOR -CUM-ENQUIRY OFFICER, NALANDA AT BIHAR SHARIF, DISTRICT- NALANDA (BIHAR)

4. THE ESTABLISHMENT DEPUTY COLLECTOR, NALANDA AT BIHAR SHARIF, DISTRICT- NALANDA (BIHAR) 5.

THE DISTRICT ACCOUNTS OFFICER, NALANDA, DISTRICTNALANDA (BIHAR)

6. THE CIRCLE OFFICER, GIRIYAK, DISTRICT- NALANDA (BIHAR) .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Santosh Kumar Mishra For the Respondent/s : Mr. SC29- Rajeev Ranjan Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-11-2017 Heard both sides.

The petitioner has filed this writ petition for quashing the order dated 02.04.2014, as contained in memo No. 497, dated 03.04.2014 (Annexure-16).

At the outset of the argument, it appears that there is provision of appeal under Rule 23 & 24 of Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 but the same has not been preferred by the petitioner.

Accordingly, this writ petition is disposed of with a direction to the petitioner to present appeal within two weeks from the date of this order before the Divisional Commissioner, Patna, who shall hear the petitioner without non suiting him on the ground of limitation and pass order on appeal within four months from the date of filing of the appeal.

(Prabhat Kumar Jha, J) BKS/- U