IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16315 of 2011 Ashok Kumar Singh s/o Late Bhuwneshwar Prasad Singh resident of village Fatehpur, P.S. Deedarganj, Dist. Patna. ---Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Food and Consumer Protection Deptt. Govt. of Bihar, Old Secretariat, Patna. 2. The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd. Sone Bhawan, Bir Chand Patel Path, Patna. 3. The Chief of Administration, Bihar State Food and Civil Supplies Corporation Ltd. Sone Bhawan, Bir Chand Patel Path, Patna. 4. The Director, Bihar State Food and Civil Supplies Corporation Ltd. Sone Bhawan, Bir Chand Patel Marg, Patna.-1, Bihar 5. The Deputy Director, Bihar State Food and Civil Supplies Corporation Ltd. Sone Bhawan, Bir Chand Patel Marg, Patna-1, Bihar. 6. The Circle Manager, Bihar State Food and Civil Supplies Corporation Limited, Gaya, Bihar. 7. The Chief of Finance-cum-Special Officer- cum Conducting Officer, Departmental Proceeding, Bihar State Food and Civil Supplies Corporation Ltd. Sone Bhawan, Bir Chand Patel Marg, Patna-1,Bihar. --Respondents. ------- 02 20.09.2011 Heard Mr. Suresh Prasad Singh -1, learned counsel for the petitioner, Mr. R.S.Pradhan, learned senior counsel appearing on behalf of the Bihar State Food & Civil Supplies Corporation Limited ( for short ‘Corporation’) and Mr. M.D. Dwivedi learned Standing Counsel no. 23 for the State. Petitioner, while serving the Corporation as Incharge Manager, was made accused in a Vigilance case instituted under diverse Sections of the Penal Code. In consequence whereof, he was taken into custody. While he was lodged in jail custody memo of charge was framed and served on him. While the said matter was pending, it appears, trial Court convicted the petitioner for those charges by judgment and order dated 05.07.2010. The authorities of the Corporation, by an order dated 08.09.2010 (Annexure-14), 2 dismissed the petitioner from service precisely on the ground that the trial Court had already held the petitioner guilty of the criminal charges and convicted him. The petitioner thereafter preferred appeal against the judgment and order of conviction vide Cr. Appeal no. 710 (S.J.) of 2010. On a consideration of his prayer made in the memo of appeal, this Court, by order dated 15.06.2011, granted the petitioner bail during pendency of the appeal. The petitioner thereafter filed the representation before the respondent Principal Secretary, Department of Food and Consumer Protection, Govt. of Bihar (Annexure-15). It is contended on behalf of the petitioner that the said authority being the appellate authority be directed to consider and dispose of his representation in accordance with law. Mr. Pradhan, learned counsel, submits that against the order passed by the disciplinary authority the delinquent has to file an appeal in appropriate format within a particular time frame. From the materials on record, it appears, that petitioner has not filed appeal in the appropriate format and instead an application in the shape of representation has been filed. It is, thus, contended that in absence of appeal having not been filed in appropriate format within the prescribed period, this Court may not direct disposal of the aforesaid representation. Learned counsel for the petitioner, in reply, submits that from materials on record it would appear that petitioner continued to incarcerate till 15.06.2011, when he was directed to be released on bail under the orders of the appellate Court. It is contended that the petitioner will file appeal challenging the sustainability of the order 3 dated 08.09.2010 (Annexure-14) within a period of 04 weeks whereafter the appellate Court may be directed to consider and dispose of his appeal in accordance with law. Having heard the parties and on perusal of the materials on record, this Court finds substance in the submission of the petitioner that he remained in jail custody till 15.06.2011. Learned counsel for the petitioner is further right in his submission that the appeal, being continuation of the proceeding, has already been admitted to hearing. The stand of the respondent that there is no order granting stay/suspension of the order of conviction shall also have relevance. However, considering the fact that petitioner remained in custody till 15.06.2011, this Court permits the petitioner to file appeal in appropriate format challenging the order passed by the disciplinary authority dated 08.09.2010 (Annexure-14) within 04 weeks from today. If any such appeal is filed within the aforesaid time before the appellate forum/authority (respondent no.1), the same shall be considered and disposed of by the said authority on its own merit. Petitioner will be at liberty to persuade the appellate authority to dispose of the appeal expeditiously. The application stands disposed of with the aforesaid observation/ direction. Sym ( Kishore K. Mandal, J.)