IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.7133 OF 2008 PRAMOD KUMAR UPADHYAYA, SON OF SHRI RAM BALI UPADHAYA, RESIDENT OF VILLAGE NARIYANPUR, POST OFFICE NARIYANPUR, POLICE STATION AND DISTRICT BAGAHA (BETTIAH) …………………….PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA 2. THE D.G. –CUM- I.G. OF POLICE, BIHAR, PATNA 3. THE ZONAL I.G. OF POLICE, MUZAFFARPUR SONE, MUZAFFAPUR 4. THE D.I.G. OF POLICE, TIRHUT RANGE, MUZAFFARPUR 5. THE SUPERINTENDENT OF POLICE, MUZAFFARPUR ………………………………………………………………………………..RESPONDENTS ********* 2 03/05/2011 The petitioner who is a Constable, has been dismissed from service in a departmental proceedings. He has filed a memorial before the D.G. –cum- I.G. of Police, Bihar, Patna on 30.08.2007, which has not been disposed of as yet. It has been accepted on behalf of the petitioner that there is some delay in filing the memorial. Since, the D.G. –cum- I.G. of Police, Bihar, Patna is the final departmental authority, he should consider this aspect sympathetically and decide the case on its own merits rather then dismissing it on the ground of delay, as the order of the final departmental authority will affect the entire future of the petitioner. I accordingly direct that the D.G. –cum- I.G. of Police, Bihar, Patna should dispose of the memorial within a period of four months from the date of receipt/production of a copy of this order before him, if 2 he has not done so. In case, the memorial has been disposed of, a copy of the order may be handed over to the petitioner. This writ application is disposed of with the aforesaid observation and directions. Anand ( Sheema Ali Khan, J. )