IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8757 of 2009 ISLAMUDDIN, SON OF LATE MD. YASIN, R/V KAPASIA, P.S. ISLAMPUR, P.O. MOULANA CHAK(ANDVAS) VIA RAJGIR, DISTRICT NALANDA-----PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER, PATNA DIVISION, PATNA-----RESPONDENTS. ----------- 02. 28.07.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order of the Commissioner, Patna Division, Patna dated 5.10.2007, Annexure-1 whereunder he has dismissed the restoration petition refusing to recall order dated 28.9.2004 and to restore service appeal No. 29 of 2004. Perusal of the order dated 5.10.2007, Annexure-1 indicates that the restoration petition has been dismissed on the ground that the delay in filing the restoration application as also the causes for not prosecuting the appeal on 28.9.2004 has not been indicated in the restoration application. 3. True it is that the restoration application has been filed after much delay without indicating the reasons for the delay but the fact remains that the appeal, which is a statutory right provided under the service rules has not been considered on merit. Accordingly, I set aside the order dated 5.10.2007, Annexure-1 and direct the Divisional Commissioner, Patna Division, Patna to consider the service appeal of the petitioner baring No. 29 of 2004 in accordance with law. 4. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)