IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6919 of 2010 SHIWAL KUMAR SINGH aged about 57 years, son of Late Matukdhari Singh, resident of village-Garhi Bishanpur, P.S.- Lakhisarai, dist-Lakhisarai, At present posted as Farmn Press Assistant in the Officer of Dy. Director, Agriculture (Information), Bihar, Patna. Versus 1. THE STATE OF BIHAR. 2. Agriculture Production commissioner, Bihar, Patna. 3. Director Agriculture, Bihar, Patna. 4. Hiralal Tanti, Dy. Directo(Admn.) 5. Dy. Director Agriculture (Information), Bihar, Patna. ----------- 2 17.1.2011 Annexures 1 and 2 shows that a serious impropriety was committed by concerned Agriculture Director Government of Bihar Patna. In capacity of Agriculture Director he has passed the punishment order as contained in Annexure-1 against the petitioner. However, vide Annexure-2, he himself has considered the appeal of the petitioner and has dismissed the same as time barred. It is needless to emphasis that the Disciplinary Authority who has passed the order of punishment cannot consider the appeal against his own order and pass any order on whatever ground that may be. The appellate order vide Annexure-2 as contained in Memo No. 9 of 2003 dated 18.12.2009 2 passed by Director Agriculture is quashed. The Appeal of the petitioner shall be treated as pending. Principal Secretary of the Department of Agriculture is directed to consider the appeal of the petitioner himself or refer the same to any other competent officer of the Department for consideration. Petitioner shall be intimated about the authority assigned to hear his appeal with an opportunity to him to appear before him and present his case. The writ application is accordingly disposed of with the aforesaid observations and direction. Let a copy of the order be brought to the notice of Mr. B. Rajendran, who is said to be presently District Magistrate Bettiah. Prakash ( J.N.Singh, J.)