Oral order granting liberty to petitioner to withdraw writ petition to pursue departmental appeal, clarifying that pendency in writ proceedings counts towards delay issue.
Liberty granted to withdraw writ petition to pursue departmental appeal; pendency counted towards delay.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8739 of 2019
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Sanjay Choudhary @ Sanjay Kumar Choudhary, S/o Late Sri Bhagwan Choudhary, Resident of Village-Dumari, P.S.-Simari, District-Buxar.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Shailendra Kumar Choubey, Advocate For the Respondent/s : Mr.Dhurendra Kumar, AC to GP5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
4 20-09-2022 For availing the departmental remedies against the order dated 06.02.2019 passed by the Superintendent of Police, Nawada, the petitioner seeks liberty to withdraw the writ petition. He, however, submits that the appeal, if filed today, is likely to be met with delay.
This Court would clarify that pendency of the instant writ proceedings and the time spent during its pendency would be available to the petitioner to meet the issue of delay before the appellate authority.
Writ application is disposed of.
(Madhuresh Prasad, J)
shashank/- U
1 issue framed by the court
Whether the petitioner is eligible to claim time spent in writ proceedings towards delay for appealing the impugned departmental order.
Sanjay Choudhary @ Sanjay Kumar Choudhary
The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna
The Director General of Police, Bihar, Patna
The Inspector General of Police, (Budget/Appeal/Welfare) Govt. of Bihar, Patna
The Superintendent General of Police, Nawada at Nawada
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
