Single judge acknowledged the distinction between a Division Bench and District Magistrate order regarding competency and dismissed the leave sought to withdraw an application to pursue appeal.
Leave granted to withdraw application to pursue appeal if filed within thirty days; appellate authority to decide within three months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.66 of 2009 REHANA KHATOON & ANR Versus
THE STATE OF BIHAR & ORS
02 02.08.2010 Heard learned counsel for the petitioners and learned counsel for the State.
Acknowledging that the order of termination is dated 21.11.2008 prior to the Division Bench judgment dated 16.2.2008 reported in 2010 (2) P.L.J.R. 374 (Prabha Kumari Devi Versus The State of Bihar & Others) that the District Magistrate alone was competent and that the judgment of this Court does not have retrospective effect, leave is sought to withdraw the application to pursue the remedy of appeal before the District Magistrate against the order of the District Programme Officer.
If any such appeal is filed within thirty days from today, let the appellate authority decide the same after hearing all concerned by a reasoned and speaking order preferably within a maximum period of three months from the date of receipt/production of a copy of this order of such appeal.
The application stands disposed.
P.K.
(Navin Sinha, J.)
Colour shows how this judgement treated each authority
Prabha Kumari Devi Versus The State of Bihar & OthersReferred¶5
2010 (2) P.L.J.R. 374
Rehana Khatoon & Anr
The State of Bihar & Ors
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
