IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.101 of 2010 1. LALAN SINGH S/O LATE MOSHAHEB SINGH R/O VILL- JAMSIKARI, P.S- MUFFASIL, DISTT- SIWAN 2. KRISHAN KUMAR SINGH S/O MR. SHIREEDEO SINGH R/O VILL- SALEMPUR MAHADEWA, P.S- MUFFSIL, DISTT- SIWAN Versus 1. THE STATE OF BIHAR 2. THE REGISTRAR GENERAL, PATNA HIGH COURT, PATNA 3. THE REGISTRAR, CIVIL COURT, SIWAN 4. THE DISTRICT AND SESSION JUDGE UNDER THE ADMINISTRATIVE CAPACITY CIVIL COURT, SIWAN ----------- 02/ 24.06.2010 Heard counsel for the petitioners and counsel appearing for the State. Petitioners’ prayer is for quashing of the order no. 04A of 2007 dated 15.1.2007/17.1.2007 passed by the District & Sessions Judge, Siwan in a departmental proceeding initiated against the petitioners on the direction of the High Court. In the departmental proceeding, petitioners have been awarded punishment of withholding of one increment for one year with non-cumulative effect. There was a provision for appeal against the final order passed in a departmental proceeding awarding punishment under Rule 19 of Bihar Civil Courts Staff (Class III & Class IV) Rules, 1998, the appeal has to be preferred before the High Court within 30 days of awarding major or minor punishment by the disciplinary authority. No appeal - 2 - was preferred by the petitioners. Now the rule has been amended and Bihar Civil Courts Staff (Class III & Class IV) Rules, 2009 has come in force. Rule 20 of amended Rules provide for an appeal to be preferred within 30 days from the date of receipt of the copy of the order of punishment. The petitioner may prefer an appeal as provided under Rule 20 of Bihar Civil Courts Staff (Class III & Class IV) Rules, 2009, with a prayer for condonation of delay, which will be considered in accordance with law. This application is disposed of, without considering the merit. DKS/ (Mridula Mishra, J.)