The petitioner challenged the pendency of a four-year-old service appeal. The court observed the delay, directed the Divisional Commissioner to dispose of the appeal within eight weeks with a reasoned order, and disposed of the writ petition.
Direction to dispose of the pending Service Appeal within eight weeks via a reasoned order; Writ petition disposed of.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No 12017 of 2022
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Shiv Shankar Son of Late Mohan Lal Mahto, Resident of Village Hathsarganj, Ward No. 1, P.S. Hajipur Town, District Vaishali.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr Shivjee Singh, Advocate For the Respondent/s : Md Fazle Karim, AC to SC I
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CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL ORDER
2 08-09-2022 Heard learned counsel for the petitioner and the respondents.
The dismissal order dated 24.09.2018 under Memo No 53 issued by the District Magistrate -cum- Collector, Vaishali has been assailed by the petitioner in Service Appeal No 193 of 2018 before the Commissioner, Tirhut Division, Muzaffarpur.
Petitioner complains that till date, the same has not been disposed of.
In view of the limited grievance, pendency of the writ
Patna High Court CWJC No.12017 of 2022(2) dt.08-09-2022 2/2
petition would be futile as decision has to be taken by Respondent No 2 on the pending Service Appeal No 193 of 2018, if the same has not been disposed of.
This Court would observe that if the appeal is still pending for four years, then same is required to be disposed of by a reasoned and speaking order in accordance with law within eight weeks from the date of receipt/production of a copy of this order.
Writ petition stands disposed of.
(Madhuresh Prasad, J)
M.E.H. /-
U
1 issue framed by the court
Whether the writ petition challenging the pendency of a service appeal should be disposed of given the respondent's failure to act within a reasonable time.
Shiv Shankar Son of Late Mohan Lal Mahto
The State of Bihar through the Principal Secretary, Personnel and Administrative Department, Bihar, Patna
The Divisional Commissioner, Tirhut Division, Muzaffarpur
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
