IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11764 of 2009 1. Hari Nandan Choudhary son of late Mahuri Choudhary, resident of village Bais, P.O. Jardumari, P.S. Punpun, District Patna, At present posted as Excise Constable on deputation at Garakha Anchal C/o Superintendent of Excise, Saran, Chapra 2. Jai Prakash Srivastava son of Late Kashi Prasad, resident of village Mahuawa, P.S. Kerya District Gopalganj. At present posted as Excise Constable on deputation at Masharak Anchal, C/o Superintendent of Excise, Saran, Chapra 3. Vidya Ram son of Late Chathu Ram, resident of village Ram Nagar Newaji Tola, P.S. Chapra Muffasil, District Chapra. At present working as Excise Constable on deputation at Dighwara Anchal, C/o Superintendent of Excise, Saran, Chapra 4. Baliram Rai, son of Sri Yamuna Prasad Rai, resident of village Sirsia adda, P.S. Sirasia, District West Champaran. At present working as Excise Constable on deputation at Sadar Anchal, C/o Superintendent of Excise, Saran, Chapra 5. Praduman Kumar Singh son of Sri Sudama Singh, resident of village Mura Majhauka, P.S. Darauli, District Siwan. At present working as Excise Constable on deputation at Sadar Anchal, C/o Superintendent of Excise, Saran, Chapra 6. Nand Kishore Jha son of Late Ganesh Jha, resident of Lohia Nagar Ward No. 25, P.S. Town District Begusarai. At present working as Excise Constable Saran Chapra on deputation at Sheikhpura District. Versus 1. The State Of Bihar through its Chief Secretary, Bihar, Patna 2. The Commissioner-cum- Secretary, Department of Excise and Prohibition, Bihar, Patna 3. The Joint Commissioner, Excise, Bihar, Patna 4. The Deputy Commissioner, Excise Patna cum Magadh Division –cum- Darbhanga Division, Bihar, Patna 5. The Superintendent of Excise, Saran, Chapra ----------- 02/ 08.09.2009 Heard learned counsel for the petitioners and the State. 2. Petitioners, who at the relevant time served as Excise Constable, are aggrieved by the order of the Excise Superintendent, Saran at Chapra dated 28.2.2009, 18.2.2009, 6.4.2009, 24.2.2009, as contained in Annexure-8 series, whereunder they have been punished with punishment of 2 warning with further direction that they shall not be entitled to full salary for the period of suspension beyond subsistence allowance. 3. Against the impugned order, petitioners have the remedy of appeal before the Collector of the District/ Excise Commissioner where they can highlight the point taken in this writ application that the Excise Superintendent was not competent either to suspend the petitioners or to pass impugned order of punishment which point should be considered by the learned Collector of the District, if petitioners file appeal against the impugned orders, Annexure-8 series within one month from the date of receipt of a copy of this order, which should be disposed of within another two month from the date of receipt of the appeal along with a certified copy of this order. 4. This application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)