Yogendra Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15809 of 2018 ====================================================== Yogendra Prasad Singh, S/o Late Yamuna Singh, R/o Village +PO-Sakarwan Tola, Ward No. 17, Mokama, District - Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, General Administrative Department, Government of Bihar, Patna 2.

The District Magistrate, Begusarai.

3.

The Sub Divisional Officer, Manjhaul, Dist - Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lakshmi Kant Tiwary, Advocate Mr. Nitesh Kumar, Advocate For the Respondent/s :

Mr.Md. N.H. Khan, SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-11-2022 The petitioner's counsel submits that because the order of punishment has the effect of withholding of 25% of the pension, the petitioner has approached this Court directly without availing the remedy of appeal before the Divisional Commissioner.

Such submission, in the opinion of the Court, is not sufficient. Since he has remedy of appeal before the Divisional Commissioner, who, in the opinion of the Court, is in a better position to appreciate the circumstance with reference to the facts and the allegations, including evidence placing reliance, on which the petitioner's counsel proposes to make submissions, writ application is disposed of with liberty to the petitioner to

Patna High Court CWJC No.15809 of 2018(8) dt.17-11-2022 2/2 avail the remedy of appeal, in accordance with law. (Madhuresh Prasad, J) PNM U