Allowed

Akshyabar Kumar v. The State of Bihar

Patna HC20 Jan 2023CWJC/382/2023

Case brief

AI extract

What is this about?

The High Court allowed a writ petition assailing a departmental punishment order and an appellate order. The court held that departmental rules cannot be treated as mandatory application of the Limitation Act. It directed re-hearing of the appeal on merits by the Regional Deputy Director.

What did the court decide?

Order dated 19th March 2020 is set aside. Direction to Regional Deputy Director Education to re-hear the appeal on merits and decide the same.

Akshyabar Kumar Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.382 of 2023

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Akshyabar Kumar Son of Birju Ram, Resident of Mohalla-Chhotaki Nawada, Police Station-Delha, District-Gaya.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Education Department, Bihar, Patna.

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The Director Primary Education, Bihar, Patna.

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The Director Mid-day Meal Scheme, Bihar, Patna.

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The District Magistrate, Gaya.

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The Regional Deputy Education Director, Magadh Division, Gaya.

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The District Education Officer, Gaya.

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The District Program Officer Establishment, Gaya.

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The Block Education Officer, Mohra, Gaya.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Binay Kumar, Adv. For the State : Mr. Amit Bhushan, AC to GP 17 For Respondent no. 3 : Mr. Brijesh Kumar, Adv.

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CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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ORAL ORDER

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2 20-01-2023

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The learned counsel for the petitioner assails the order passed by the District Programme Officer whereby, petitioner has been visited with punishment of withholding one increment without cumulative fact and also the appellate order passed by Regional Director Education, whereby appeal was rejected on the ground of limitation.

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Taking into consideration, it is noticed that the Appellant Authority has passed the order on 19^th March, 2020 treating the limitation period of filing of an appeal as a

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Patna High Court CWJC No.382 of 2023(2) dt.20-01-2023 2/2

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mandatory. In the opinion of this court, the provision of Limitation Act have no application to the departmental rules if there is a delay, the Appellate Authority is obliged to look into the facts of the case and merits of the case as well as the delay and if there is a plausible reason coming forth, the delay should not be a ground to dismiss appeals without application of mind on the merits of the case.

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Keeping in view thereto, this writ petition is allowed to the aforesaid extent. Order dated 19^th March 2020 is set aside with direction to the Regional Deputy Director Education to re-hear the appeal on merits and decide the same.

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(Sanjeev Prakash Sharma, J)

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Suraj/Item No. 45

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Akshyabar Kumar v. The State of Bihar

Case brief

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Akshyabar Kumar v. The State of Bihar

Case brief

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