IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17814 of 2009 1. NARESH DAS S/O LATE DHATURI DAS R/O HARIJAN TOLA, FARIDPUR, P.S.- JAMALPUR IN THE DISTRICT OF MUNGER Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HOME (SPECIAL) DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2. THE INSPECTOR GENERAL OF PRISONS BIHAR, PATNA 3. THE SUPERINTENDENT ADARSH CENTRAL JAIL, BEUR, PATNA 4. THE SUPERINTENDENT SUB JAIL, HILSA, NALANDA ----------- 2. 10.03.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. Learned Counsel for the petitioner contends that the impugned order of punishment dated 1.10.2009 has been passed by the appellate authority, the Inspector General of Prisons, while the Superintendent of Central Jail is the disciplinary authority who was alone competent to pass the order. The petitioner has, therefore, been denied the valuable right of appeal. Counsel for the State submits that by a gazette notification dated 6.6.2008 in exercise of rule making powers under Rule 59 of the Jail Manual, the Inspector General of Prisons has been made the disciplinary authority to pass such orders and appeal against which lies before the Commissioner (Home). In that view of the matter, Counsel for the petitioner prays for leave to withdraw this application to avail remedy of appeal before the Commissioner (Home). It is made clear that this Court has not gone into merits of the matter and which remains open for consideration in its entirety on all aspects in the proposed appeal of the petitioner which is expected to be disposed off expeditiously preferably within a maximum period of two months from the date of receipt and/or presentation of such memo of appeal along with a copy of the present order, without going into the issue of limitation. The writ application stands dismissed as withdrawn with the aforesaid observations and directions. Snkumar/- (Navin Sinha,J.)