Niranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 338 of 2020 ====================================================== Niranjan Kumar Son of Late Jaideo Thakur Resident of Mohalla-Anandpur, Near bazr Samiti,Ward no. 26,P.S. -Begusarai, Distt.-Begusarai at present Resident of Ang Vihar Apartment, A/201 Rani Talab, Near Engineering College, Sabaur, P.S.- Sabaur, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary Revenue and Land Reforms, Department, Government of Bihar, Patna.

3.

Deputy Secretary Revenue and Land Reforms, Department, Government of Bihar, Patna.

4.

Principal Secretary Labour Resources Department, Government of Bihar, Patna.

5.

Additional Secretary (Shram Paksha) Labour Resources Department, Government of Bihar, Patna.

6.

Commissioner Bhagalpur Division, Bhagalpur.

7.

Collector cum District Magistrate Bhagalpur.

8.

Additional Collector Bhagalpur.

9.

Deputy Collector Land Reforms Kahalgaon, Bhagalpur. 10.

Commissioner Gaya Division, Gaya.

11.

Collector Cum District Magistrate Jehanabad.

12.

Labour Commissioner Government of Bihar, Patna. 13.

Assistant Labour Commissioner Government of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Rajiv Kumar Singh, Advocate For the Respondent/s :

Ms Prakritika Sharma, AC to SC XXV ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 06-02-2020 Heard learned counsel for the petitioner and the respondent-State.

Learned counsel for the State raises an objection that writ petition has been filed without availing the statutory

Patna High Court CWJC No.338 of 2020(2) dt.06-02-2020 2/2 remedy available to the petitioner under Rule 24 (2) of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 (for brevity, Bihar CCA Rules, 2005).

Learned counsel for the petitioner submits that since the order is of September 2019, the Memo of Appeal/Review, by way of Memorial, is likely to be barred by delay. Considering the rival submissions, this Court would grant opportunity to the petitioner to avail his remedy under Rule 24 (2) of the Bihar CCA Rules, 2005 within four weeks. In the event, such remedy is availed, the Authority shall consider the petitioner's application on its own merit without raising the issue of the same being barred by delay. Final order shall be passed expeditiously and without any undue delay.

Writ petition stands disposed of.

(Madhuresh Prasad, J) M.E.H./- U