Pradeep Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2150 of 2017 ====================================================== Pradeep Kumar Singh son of Late Dwarika Prasad Singh, resident of VillageAsni Bishunpur, PO- Banka, PS- Banka, District- Banka. ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Principal Secretary, Revenue Department, Govt. of Bihar, Old Secretariat, Patna.

3.

The Collector, Banka.

4.

The Deputy Collector, Land Reforms, Banka-cum-Conducting Officer. 5.

The Circle Officer, Bounsi-cum-Presenting Officer. 6.

The Additional Collector, Banka.

7.

The Sub Divisional Officer, Banka.

8.

The Circle Officer, Rajaun, Banka.

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

For the Petitioner/s :

Mr.Sanjay Kumar Verma, Advocate.

For the Respondent/s :

Mr.Raj Kishore Roy- Gp18 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-11-2019 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.

2. In a departmental proceeding held against the petitioner, the disciplinary authority who is District Collector, Banka has imposed punishment of dismissal from service, vide an order dated 13.10.2016 which is under challenge in the present writ application.

3. Learned counsel for the petitioner submits that petitioner has remedy of appeal under Rule 23 of Bihar

Patna High Court CWJC No.2150 of 2017(3) dt.21-11-2019 2/2 Government Servants (Classification Control and Appeal) Rules, 2005 which he has not availed.

4. Considering the facts and circumstances of the case, this writ application is disposed of with a liberty to the petitioner to prefer an appeal against the impugned order dated 13.10.2016. It is indicated that if the appeal is preferred within one month from today by the petitioner, the appellate authority shall not raise any objection on the point of delay in filing the appeal, since the petitioner was pursuing his remedy before this Court by filing the present writ application since March 2017; and shall dispose of such appeal within a period of six months from the date of filing of appeal and receipt/production of a copy of this order.

5. Application stands disposed of.

(Chakradhari Sharan Singh, J) T.Kr./- U