IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13831 of 2008 Krishna Nandan Prasad son of Late Ambika Prasad resident of Mohalla- Mohan Industries Lane, Janta Road ( Pathar Gali), Police Station- Gardanibagh, P.O.- G.P.O. Town and Dist-Patna. --Petitioner. Versus 1. The Bihar State Food & Civil Supplies Corporation Ltd. through its chairman, Sone Bhawan (5th Floor) Veerchand Patel Path, Patna. 2. The Managing Director, Bihar State Food and civil Supplies Corporation Ltd. Sone Bhawan, (5th Floor), Veerchand Patel Path, Patna-1. 3. The Chief of Administration ( Conducting officer of the Departmental proceeding), Bihar State Food & Civil Supplies Corporation Ltd. Sone Bhawan , (5th Floor), Veerchand Patel Path, Patna. 4. The Chief of Procurement and Distribution, Bihar State Food & Civil Supplies Corporation , Boring Road, Patna. 5. The District Manager, Bihar State Food & Civil Supplies Corporation Ltd. Municipality Bhawan 2nd Floor, Ranchi ( under control of Managing Director, B.S.F.C. Supplies Corporation Ltd. 6. The Secretary, Food and Consumer Protection Department, Govt. of Bihar, Patna. --Respondents. ----------- 02 04.07.2011 Learned counsel for the petitioner is permitted to implead Secretary, Food and Consumer Protection Department, Government of Bihar, Patna as party respondent no. 6. Let such correction be carried out in course of the day. Heard learned counsels for the petitioner and respondent Bihar State Food and Civil Supplies Corporation Ltd. A supplementary affidavit on behalf of the petitioner has been filed which is taken on record. Petitioner assails order of dismissal dated 11.09.2002 (Annexure-14) as also order dated 14.09.2002 (Annexure-15) passed on review application. In the supplementary affidavit the petitioner has asserted as under in para 2:- 2 “2. That the petitioner has already asserted in the main writ petition and his I.A. No. 6450/2009 that against the order of punishment of dismissal from service and rejection of review application, he moved a memorandum of appeal dated 05.05.2003 before the competent authority of the corporation and the same is still pending before the Managing Director of the Corporation.” Learned counsel for the respondent Bihar State Food and Civil Supplies Corporation Ltd submits that in the light of order passed by this Court, the Corporation have come out with an office order communicated vide memo no. 9219 dated 26.10.2009, whereby it has been resolved that an employee of the Corporation against whom any punishment is imposed shall have right to prefer an appeal against such order and punishment before the Secretary, Food Supplies and Consumer Protection Department, Govt. of Bihar, Patna as authorized by the Board of Directors to be the appellate authority entertain and decide such appeals as prescribed. Said Office Order was passed in the light of resolution of Board of Directors. Copy of the said Office Oder has been placed on record by learned counsel for the respondents which is marked as „Y‟. It is submitted that the petitioner is now required to file appeal before the said appellate authority. Learned counsel for the respondents fairly states that the respondents appellate authority shall consider the matter on merit if it is filed within a reasonable time. Learned counsel for the petitioner in the light of aforesaid submissions made by learned counsel for the respondent Corporation submits that petitioner would file a fresh memo of appeal before the respondent no.6 within a period of 04 weeks. Having heard the parties and after going through the materials 3 on record, this Court disposes of the application by the following order:- Let petitioner file the appeal within a period of 04 weeks together with copy of the present order before the respondent no.6. If any such appeal is filed within the aforesaid time and in the manner indicated hereinabove, the said respondent shall consider and dispose of the appeal on merit in accordance with law as quickly as possible. Sym ( Kishore K. Mandal, J. )