Oral order dismissing a writ application for non-exhaustion of alternative remedy regarding a suspension. Court permits filing of appeal and allows departmental proceedings to continue pending appeal.
Writ application dismissed for non-exhaustion of alternative remedy.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5695 of 2013
====================================================== Jainendra Kumar, son of Rajendra Prasad Sinha, resident of village Chakhussain, P.O. + P.S. Khusrupur, District Patna .... .... Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Department of Food and Consumer Protection, Govt. of Bihar, Patna 2. The Joint Secretary, Department of Food and Consumer Protection, Govt. of Bihar, Patna 3. The District Magistrate, Vaishali at Hajipur 4. The Sub-divisional Officer, Mahnar, District Vaishali 5. The OSD, Department of Food and Consumer Protection, Govt. of Bihar, Patna 6. The District Supply Officer, Vaishali at Hajipur .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 2 15-04-2013 Having regard to the fact that the impugned order of suspension of the petitioner is appealable, this application must be held to be not maintainable on account of non-exhausting of alternative remedy.
That being so, this application is dismissed.
Dismissal of this application, however, will not stand in the way of the petitioner in filing his appeal and in case his such appeal is filed the same shall be considered and disposed of on merits without being influenced by this order.
It goes without saying that if the petitioner will file his appeal within a period of one week from today, the same shall be disposed of by the appellate authority within a period of three months.
Patna High Court CWJC No.5695 of 2013 (2) dt.15-04-2013
2
Notwithstanding pendency of the appeal the respondents, however, will have the liberty to move ahead in the departmental proceeding.
(Mihir Kumar Jha, J) surendra/-
2 issues framed by the court
Whether the application is maintainable when the impugned order of suspension is appealable?
Whether the departmental proceeding can continue despite the pendency of the appeal?
Jainendra Kumar
The State Of Bihar through the Principal Secretary, Department of Food and Consumer Protection, Govt. of Bihar, Patna
The Joint Secretary, Department of Food and Consumer Protection, Govt. of Bihar, Patna
The District Magistrate, Vaishali at Hajipur
The Sub-divisional Officer, Mahnar, District Vaishali
The OSD, Department of Food and Consumer Protection, Govt. of Bihar, Patna
Mihir Kumar Jha
As recorded by the court registry
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