Disposed

Rajnish Kumar v. The State of Bihar

Patna HC16 Sept 2022CWJC/153/2022

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AI extract

What is this about?

The Patna High Court permitted withdrawal of the writ petition for availing the alternative remedy of appeal. The Court addressed concerns regarding potential limitation bars and directed the appellate authority to decide within eight weeks of receiving the appeal filed within two weeks.

What did the court decide?

Writ petition withdrawn for availing alternative remedy of appeal. Appeal to be filed within two weeks.

Rajnish Kumar Vs The State of Bihar — Service and Employment | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No 153 of 2022

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Rajnish Kumar Son of Nand Kishor Prasad Resident of Village - Pachrukhiya, P.S. - Hilsa, District- Nalanda.

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... ... Petitioner/s

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Versus

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The State of Bihar through its Principal Secretary, Department of Agriculture, Bihar, Patna.

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The Principal Secretary, Agriculture Department, Bihar, Patna.

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The Director, Agriculture Department, Bihar, Patna.

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The District Agriculture Officer, Banka.

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The Sub- Divisional Agriculture Officer, Banka.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : M/s Priya Ranjan, Sanjeev Kr, Mukesh Kr, Advs For the Respondent/s : Mr Sarvesh Kumar Singh, AAG XIII

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CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD

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ORAL ORDER

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2 16-09-2022

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This case has been taken up today for consideration

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through Video Conferencing.

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Learned counsel for the petitioner seeks permission to withdraw this writ petition for availing the remedy of appeal. Permission is accorded.

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He, however, raises an apprehension that the appeal may not be entertained as having been barred by the period of limitation, as prescribed in the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005.

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Having considered the said submissions, the writ petition is permitted to be withdrawn for availing the remedy of

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Patna High Court CWJC No.153 of 2022(2) dt.16-09-2022 2/2

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appeal. Since the petitioner’s claim was pending before this Court, time elapsed in the meantime, would be available to the petitioner to raise before the appellate authority for meeting the issue of delay.

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Writ petition is disposed of.

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If the appeal is filed within two weeks from today, the appellate authority would be under legal obligation to consider the same and dispose it of in accordance with law, within eight weeks thereafter.

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(Madhuresh Prasad, J)

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M.E.H. /-

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Rajnish Kumar v. The State of Bihar

Case brief

What is this about?

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Rajnish Kumar v. The State of Bihar

Case brief

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