IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7214 of 2010 SURESH KUMAR MALLICK, S/O CHANDRADEO PRASAD MALLICK, R/O VILLAGE-MANIKA ,P.O.- AKHTIYARPUR,P.S.- SARAI RANJAN,DISTRICT- SAMASTIPUR,PRESENTLY RESIDING AT MOHALLA-KASHIPUR SONBARSHA,P.S.SAMASTIPUR AND AT PRESENT POSTED AS ASSISTANT ACCOUNTS OFFICER IN THE OFFICE OF DISTRICT FOOD AND CIVIIL SUPPLIES CORPORATION LIMITED, GOPALGANJ. Versus 1. THE BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION LIMITED, SONE BHAWAN,5TH FLOOR, BEERCHAND PATEL PATH , THROUGH ITS MANAGING DIRECTOR PATNA-1. 2. THE MANAGING DIRECTOR ,BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION LIMITED, SONE BHAWAN,5TH FLOOR, BEERCHAND PATEL PATH , PATNA. 3. THE CHIEF OF ADMINISTRATION ,BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION LIMITED, SONE BHAWAN,5TH FLOOR, BEERCHAND PATEL PATH , PATNA. 4. THE CHIEF OF PROCUREMENT,BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION LIMITED, SONE BHAWAN,5TH FLOOR, BEERCHAND PATEL PATH , PATNA. For the Petitioner : M/s. Bishnu Kant Dubey, Panchu Ram, Advocates. For the Corporation : Mr. R.S.Pradhan, Sr. Adv., Dheeraj Kr. Roy, Advocate. ----------- 03. 30.04.2010 Heard learned counsel for the petitioner and the Bihar State Food and Civil Supplies Corporation Ltd.(hereinafter referred to as the Corporation). 2. In compliance of my order dated 26.4.2010 counsel for the Corporation has produced the memorandum placed before the Board of Director of the Corporation for its 131st meeting as also the resolution taken thereon, wherefrom it appears that in the light of the resolution of the Board taken in its 131st meeting, the Managing Director of the Corporation was empowered to amend the provisions of the Service Conduct and Disciplinary Rules, 2001 providing thereunder vide Rule 28A provision for appeal before the Secretary, Food and Consumer Protection Department, Government of Bihar. - 2 - 3. Let petitioner avail the remedy of appeal against the office order dated 30.10.2009, Annexure-7 before the Secretary, Food and Consumer protection Department, Government of Bihar, who should consider and dispose of the appeal in accordance with law, as early as possible, in any case within three months from the date of receipt of the memo of appeal before the Secretary. Delay in filing the appeal be condoned by the Secretary. 4. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)