Petitioner an IPS officer seeking challenge to dismissal order. Court allowed writ application conditioned upon filing appeal within two weeks before appellate authority who must decide expedited.
Directed Petitioner file appeal within two weeks; appellate authority to pass reasoned order on merits within eight weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1790 of 2020
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Satish Kumar son of Sri Ram Lakhan Singh Resident of Village- Majlishpur, Post Office- Allipur Hatta, Police Station- Mahnar, District- Vaishali.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Navin Pd Singh. Mr. Ajay Kumar Singh For the Respondent/s : Md. Irshad, AC to SC-1 ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
dated 14.10.2019 is put to challenge in the instant writ proceedings whereby and whereunder the petitioner (SubInspector of Police) has been dismissed from service.
Being met with objection regarding non-exhaustion of the appellate remedy, the petitioner’s counsel submits that the petitioner will avail the remedy within two weeks. He, however, expresses his apprehension of being met with the issue of delay.
Since objection has been raised by the learned State
Patna High Court CWJC No.1790 of 2020(3) dt.21-09-2022 2/2
counsel for exhausting the appeal remedy, this Court would observe that should the petitioner file his appeal within two weeks, the appellate authority (respondent No. 3) would be obliged to consider the same on merits to pass reasoned and speaking order in accordance with law within eight weeks thereafter.
The writ application is disposed of with the above direction.
(Madhuresh Prasad, J)
SUMIT/-
U
1 issue framed by the court
Whether the writ petition will be dismissed for failure to exhaust appellate remedy or allowed with a direction to file the appeal within two weeks.
Satish Kumar
The State of Bihar through the Director General of Police, Bihar, Patna
The Inspector General of Police, Mithila Range, Darbhanga
The Deputy Inspector General of Police, Darbhanga
The Senior Superintendent of Police, Darbhanga
The Superintendent of Police, Madhubani
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
