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Patna High CourtCWJC/15059/2022dismissed

Manoj Kumar v. The State Of Bihar

2024-03-05Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15059 of 2022 ====================================================== Manoj Kumar S/o Chhaton Rajak, R/o Aijhi, Mobarakpur, P.S. - Korma, District - Sheikhpura.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Commissioner, Saran Division, Government of Bihar.

2.

That District Magistrate, Saran at Chapra.

3.

The Director, National Employment Programme-cum-Conducting Officer, Saran at Chapra.

4.

The Circle Officer-cum-Presenting Officer, Sonepur, District - Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bishwajeet Singh, Advocate For the Respondent/s :

Mr.Md. Khurshid Alam (Aag12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-03-2024 The present writ petition has been filed seeking the following relief:- "That this writ application is being filed for the issuance of Writ of CERTIORARI to set aside the order dated 27.05.2022 in Service Appeal No. 44/2022 passed by the Commissioner, Saran Division, whereby and whereunder the learned appellate court pleased to reject the appeal on the ground of unreasonable delay in presenting the same.

AND, for issuance of appropriate Writ or Writs, Order or Orders, directing the respondent no. 1 to hear the appeal on merits in view of the facts that similarly situated

Patna High Court CWJC No.15059 of 2022(2) dt.05-03-2024 2/2 several persons facing same charges been exonerated by the District Magistrate subsequently (respondent no. 2) on having been remanded back by the Commissioner."

2.

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U