IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10439 of 2009 KUNDAN KUMAR S/O LATE NATHUNI SHARMA, RESIDENT OF HARI PRESS, GANDHI MAIDAN, JEHANABAD, TOWN, P.S AND DISTRICT :- JEHANABAD. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2. THE COMMISSIONER, MAGADH DIVISION GAYA, BIHAR. 3. THE COLLECTOR, DISTRICT OF GAYA, BIHAR. 4. THE DEPUTY COLLECTOR (ESTABLISHMENT), GAYA, BIHAR. 5. THE LAND REFORMS DEPUTY COLLECTOR, SADAR GAYA, BIHAR. 6. THE LAND REFORMS DEPUTY COLLECTOR SHERGHATI, DISTRICT:- GAYA, BIHAR. 7. ANCHAL ADHIKARI, BELAGANJ BLOCK, DISTRICT:- GAYA, BIHAR. 8. ANCHAL ADHIKARI, IMAMGANJ BLOCK, DISTRICT:- GAYA, BIHAR. ... ... RESPONDENTS. ----------- 2. 25.8.2009. Petitioner at the relevant time served as Assistant in the office of Block Development Officer, Belaganj. He was subjected to a departmental proceeding, after conclusion of the proceeding, was dismissed under order bearing Memo No.590 dated 31st March,2006 (Annexure-8) against which he filed appeal which was allowed under order dated 29.3.2007. The matter was remanded back with direction to the disciplinary authority to serve on the petitioner the enquiry report and to pass fresh order after receipt of the second show cause reply. In compliance of the directions contained in the order dated 29.3.2007, fresh order has been passed by the Commissioner, Gaya Division dated 30.10.2008 - 2 - N.H./ as contained in Annexure-11 and the appeal challenging the same has been dismissed. Petitioner has a remedy of revision before the competent authority in terms of the provisions contained in Rule-28 of the Civil Services(Classification, Control and Appeal)Rules 2005. Let petitioner avail the remedy of revision before the competent authority and the competent authority is directed to condone the delay, if any, in filing the appeal against the dismissal order as also the appellate order contained in Annexures 6 and 11. The revisional authority having condoned the delay shall proceed to hear the revision on merits and pass appropriate orders in accordance with law as early as possible in any case within three months from the date of receipt of the revision application along with a copy of this order. This writ application is, accordingly, disposed of. ( V.N. Sinha,J.)