Direction to the appellate authority (Respondent No. 2) to dispose of the petitioner's pending appeal against compulsory retirement within two months after affording an opportunity of hearing.
Appellate authority directed to dispose of the appeal within two months after giving notice and hearing the petitioner.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5155 of 2013
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Sudhir Kumar, son of Late Baikunth Prasad Singh, resident of villageShivagarh, P.S. Bikram, P.O.- Datyana, District- Patna, presently resident of C/O- Dr. R.K.Tiwary, Raghunath Path, R.P.S. More, Bailey Road, Patna.
.... .... Petitioner/s
Versus 1. Bihar State Power (Holding) Company Ltd. having its registered office at Vidyut Bhawan, Bailey Road, Patna- 800001 through its Chairmancum- Managing Director. 2. The Chairman-cum- Managing Director, Bihar State Power (Holding) Company Ltd. Vidyut Bhawan, Bailey Road, Patna- 800001.
.... .... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Mr. P.N.Shahi, Sr. Advocate. For the Respondent/s : Mr. Vinay Kirti Singh, with Mr. Vijay Kumar Verma, Advocates.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER
2 03-04-2013 Heard the parties.
By the impugned resolution dated 04.10.2012 (Annexure-8) issued under the signature of the Secretary, Bihar State Electricity Board, an order of compulsory retirement of the petitioner from service has been passed in exercise of powers conferred under Regulation 74 of the Bihar State Electricity Board Service Regulations, 1976 read with Rule 135 of the Bihar Pension Rules. The petitioner, being aggrieved by the aforesaid order of compulsory retirement from service, preferred an appeal before the respondent Chairman-cum- Managing Director of the Bihar State Power (Holding) Company Ltd (Respondent No.2).
Learned Senior counsel appearing on behalf of the petitioner submits that though the impugned original order dated 04.10.2012 (Annexure-8) is wholly illegal, and though the appeal
Patna High Court CWJC No.5155 of 2013 (2) dt.03-04-2013
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preferred by the petitioner is pending since 12.11.2012, yet for the reasons best known to the respondent no.2 the aforesaid appeal of the petitioner is not being disposed of.
Learned counsel for the respondents initially prayed for an adjournment enabling him to obtain instructions and file a counter affidavit, but finally agreed that direction may be issued for disposal of the appeal of the petitioner in accordance with law within a time frame.
After having heard the parties and on consideration of the materials available on record, this Court is of the opinion that no useful purpose shall be served by keeping this matter pending any longer before this Court. However, the interest of justice would be sub-served if the appellate authority (Respondent no. 2) is directed to dispose of the appeal preferred by the petitioner at an early date. If the appeal preferred by the petitioner has not already been disposed of till date, then the appellate authority is hereby directed to dispose of the appeal of the petitioner at an early date. However, before deciding the appeal of the petitioner, the respondent no. 2 shall give an opportunity of hearing to the petitioner and shall take into consideration all the relevant materials available on record and thereafter, shall dispose of the aforesaid appeal by a reasoned and speaking order strictly in accordance with law and by taking into consideration the provisions of the relevant Rules/ Regulations.
The petitioner is hereby directed to appear before the appellate authority with a certified copy of the present order on or before 18th April 2013. Thereafter the appellate authority shall make all endeavours to dispose of the appeal of the petitioner within a maximum period of two months.
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Patna High Court CWJC No.5155 of 2013 (2) dt.03-04-2013
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The present writ petition stands finally disposed of with the observations and directions made above.
(Birendra Prasad Verma, J) BTiwary/-
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2 issues framed by the court
Whether to direct the appellate authority to dispose of the pending appeal against compulsory retirement promptly.
Whether the appellate authority must give an opportunity of hearing before deciding the appeal.
Sudhir Kumar
Bihar State Power (Holding) Company Ltd.
Chairman-cum- Managing Director, Bihar State Power (Holding) Company Ltd.
Secretary, Bihar State Power (Holding) Company Ltd.
Joint Secretary, Bihar State Power (Holding) Company Ltd.
Birendra Prasad Verma
As recorded by the court registry
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