Haridwar Prasad Singh Vs the State of Bihar and Ors.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11053 of 2012

====================================================== 1. Haridwar Prasad Singh Son Of Late Girija Prasad Singh Resident Of Village- Rampur Bakhra, Police Station- Bhagwanpur, District- Vaishali .... .... Petitioner/s Versus 1. The State Of Bihar Through Its Principal Secretary, Human Resources Department, New Secretariat, Bihar, Patna 2. Joint Secretary, Department Of Human Resource, New Secretariat, Bihar, Patna 3. Director Secondary Education, New Secretariat, Bihar, Patna .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER 2 03-07-2012 Heard learned counsel for the petitioner and the State.

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A preliminary objection has been raised on behalf of the respondents to the remedy of an Appeal available for the petitioner against the impugned order dated 2.2.2012 withholding 5% of his pension in exercise of powers under Rule 43(b) of the Bihar Pension Rules.

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On consideration of matters, where certain question of facts appears to be involved also, the Court is of the considered opinion that all objections raised on behalf of either party both with regard to non consideration of the defence, alleged lack of any procedural irregularity in the conduct of the departmental proceedings can well be considered by the appellate authority also.

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Since the petitioner was bona fide pursuing his remedies in his writ petition, if an Appeal is filed within 45

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Patna High Court CWJC No.11053 of 2012 (2) dt.03-07-2012

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days from today, the appellate authority shall consider any application for condonation of delay in that background as bona fide pursuing remedies before the Court does amount to sufficient cause.

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The writ application is disposed in the aforesaid terms.

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P. Kumar/- (Navin Sinha, J)

Haridwar Prasad Singh v. the State of Bihar and Ors.

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Haridwar Prasad Singh v. the State of Bihar and Ors.

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