IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2271 of 2008 Shatrughna Pandit, son of late Mahadeo Pandit, resident of Village – Khorampur, P.O. Chhitror, P.S. Matihani, District Begusarai……………………………………………………………..Petitioner Versus 1. The State of Bihar. 2. The Secretary, Rural Development Department, Government of Bihar, Patna. 3. The Commissioner, Patna Division, Patna. 4. The District Magistrate-cum-Collector, Patna. 5. The Block Development Officer, Pandarak, District Patna. 6. The Block Development Officer, Paliganj, District Patna…………………………………………..Respondents ----------- 2 03.01.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner has been dismissed by the order of the District Magistrate-cum- Collector, Patna contained in Memo No.4104 dated 01.11.2007 consequent upon a departmental proceeding in which he has been found guilty. The disciplinary proceeding considered his second show cause reply also and having not found any merit in the same, has passed the impugned order. This writ application was filed by the petitioner on 28.01.2008 and since then this has remained pending. Learned counsel for the petitioner submits that since the writ application had 2 already been filed in this Court, petitioner did not prefer appeal provided under the Rules. He submits that taking a sympathetic view, petitioner may be allowed to file his appeal before the Appellate Authority under the Rules which may be directed to be considered on merits. Considering the fact that the writ application of the petitioner was filed within two months of communication of the impugned order to him and it has remained pending so long, this writ application is disposed of with a liberty to the petitioner to file his appeal before the Appellate Authority under the Rules within one month from today. If such an appeal is filed, the Appellate Authority is directed to consider the same on merits without going into the question of limitation and dispose of the same in accordance with law preferably within a period of three months thereafter. BT (J. N. Singh, J.)