Ramashish Tiwary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17525 of 2010 =========================================================== Ramashish Tiwary, S/O Late Sahdeo Tiwary, R/O Vill. And P.O.- Babura, P.S.- Tarari, Distt.- Bhojpur, At Present Posted As Surgent Major, Police Lines, Distt.- Supaul .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Director General of Police, Govt. Of Bihar, Patna.

3. The Inspector General of Police, Head Quarter, Govt. of Bihar, Patna.

4. The Asstt. Director General, Head Quarter and Administration, Govt. Of Bihar, Patna.

5. The Inspector General of Police, Muzaffarpur Range, Muzaffarpur.

6. The Deputy General of Police, Muzaffarpur.

7. The Superintendent of Police, Muzaffarpur.

8. The Superintendent of Police, Vaishali.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Aditya Sharan, Advocate Mr. P. K. Sharan, Advocate Mr. H. K. Sharan, Advocate For the Respondent/s : Mrs. Shilpa Singh, GA-12 Mr. Sunil Kumar, AC to GA-12 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date: 10-08-2017 This writ petition was filed on 12.10.2010. It is listed today for the first time and the records indicate that challenging an order of censure issued against the petitioner, vide Annexure-7 dated 29.08.2009, by the Deputy Inspector General of Police, Tirhut Range, Muzaffarpur, this writ petition has been filed. Petitioner's own showing goes to show that against the punishment imposed, the petitioner has filed an appeal in the form of representation before the statutory appellate authority and at the time of filing of the writ

Patna High Court CWJC No.17525 of 2010 dt.10-08-2017 2/2 petition, the same has not been decided.

Keeping in view the aforesaid, in case, the representation and appeal filed by the petitioner is still pending with the statutory appellate authority, as is indicated vide Annexure-8 dated 30th September, 2009, the appellate authority is directed to decide the same within a period of 45 days from the date of receipt of a certified copy of this order. On the petitioner filing a certified copy of the order along with the relevant documents and additional ground of appeal, if any, the appellate authority shall decide the appeal already filed, vide annexure-8, along with the representation being filed now, if not already done, within 45 days. In case, the appeal has been decided and the decision taken, it shall be incumbent upon the appellate authority to communicate the same to the petitioner.

Needless to say, thereafter, in case, the petitioner has any grievance still subsisting, he shall be at liberty to challenge the order afresh in accordance with law. With the aforesaid, the petition stands disposed of. (Rajendra Menon, CJ) Sunil/- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.08.