IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8821 of 2011 Jwala Paswan S/o late Kishun Paswan R/o village- Masiadih PO- Andi, PS-Bind, Distt.- Nalanda-----------Petitioner Versus 1. The State Of Bihar through the Chief Secy. Govt. of Bihar, Patna 2. The Commissioner, Patna Division, Patna 3. The Collector, Nalanda at Biharsharif 4. The Addl. District Magistrate (Estab.) Nalanda at Biharsharif 5. The Deputy Collector, Land Reforms Nalanda at Biharsharif 6. The S.D.O. Nalanda at Biharsharif 7. The C.O. Ekangersarai, Distt- Nalanda 8. The B.D.O. Ekangersarai, Distt- Nalanda 9. The B.D.O. Nagarnausa, Distt- Nalanda-----Respondents ---------------------------------- For the Petitioner: Mr. Ajay Kumar, Advocate For the State: J.C. to S.C.-3 --------------------------------- 2 18.8.2011 There seems to have been obvious omission, error or illegality which has been committed by the District Magistrate, Biharsharif in passing annexure-16 dated 10.2.2011. The brief facts are that the petitioner was earlier proceeded in a departmental enquiry vide order dated 24.2.2010 as contained in annexure-13 and order of punishment came to be passed by the District Magistrate. Petitioner filed appeal before the Divisional Commissioner, Patna by way of annexure-14 which is dated 18.3.2010. Petitioner approached this Court vide CWJC No. 17838 of 2010 for direction upon the appellate authority to decide his appeal within a time frame. That writ application was disposed of with a direction upon the appellate authority to decide the appeal of the petitioner within a period of three months. But instead of the Divisional Commissioner who happens to be the appellate authority, the District Magistrate has decided to reject the appeal of the petitioner again by way of annexure-16. 2 The Court fails to understand as to what was the occasion for the District Magistrate to pass an order as he cannot sit in appeal over his own order which was passed as a disciplinary authority. In view of above annexure-16 therefore is without jurisdiction and is quashed. This writ application is allowed. It will be open for the petitioner to pursue the matter with the appellate authority i.e. the Divisional Commissioner, Patna in the light of the earlier order passed by this Court in CWJC No. 17838 of 2010, if no order has been passed by the Divisional Commissioner so far with regard to his appeal. This writ application is allowed. RPS (Ajay Kumar Tripathi, J.)