IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9739 of 2005 ====================================================== Mahabir Pd.Gupta, s/o- Ram Kishun Sah, r/o- village Ram Nagar, near D.S. College, P.O. + P.S.- Katihar, District- Katihar. .... .... Petitioner/s Versus 1. The Bihar State Food & Civil Supplies Corporation Ltd. through its Chairman-cum-Managing Director, Sone Bhawan, 5th Floor, Birchand Patel Path, Patna-1. 2. The Chairman-cum- Managing Director, Bihar State Food & Civil Supplies Corporation Ltd., Sone Bhawan, 5th Floor, Birchand Patel Path, Patna-1 3. The Chief of Administration, Bihar State Food & Civil Supplies Corporation Ltd., Sone Bhawan, 5th Floor, Birchand Patel Path, Patna- 1. 4. The Chief of Claim, Bihar State Food & Civil Supplies Corporation Ltd., Sone Bhawan, 5th Floor, Birchand Patel Path, Patna-1. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Uma Shankar Prasad Mr. Kamla Kant Tiwary Mr. Bhuneshwar Pandey For the Respondent/s : Mr. R.S.Pradhan, Sr. Advocate. Mr. A.N. Rai. ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL) 8 11-11-2011 Heard both sides. Petitioner is aggrieved by the order passed by the Chairman-cum-Managing Director of Bihar State Food and Civil Supplies Corporation Ltd. (for short “ the Corporation”) (Annexure-7) whereby in pursuance of a departmental proceeding levied against him, the punishment of dismissal from service was Patna High Court CWJC No.9739 of 2005 (8) dt.11-11-2011 2 awarded besides other penalties. Learned counsel for the Corporation submits that the order is appealable in terms of provisions contained in Rule 28(a) of the Service Conduct and Disciplinary Rules. Learned counsel for the Corporation further stated that although the provision of appeal substituting the earlier provision of review has been engrafted subsequent to the impugned order but the appeals are being entertained under the orders of the Court. Learned counsel assures that if any application for condonation of delay, in case there is prescribed period therefor, is filed, the authority shall consider the same in accordance with law. In view of the aforesaid stand taken by the respondent, learned counsel for the petitioner seeks permission of the Court to withdraw this application in order to prefer appeal thereagainst. Let the petitioner do the same. If any such application/appeal is preferred within four weeks along with a copy of this order together with the application seeking condonation of delay, the Appellate Authority shall consider the application seeking condonation of delay keeping in focus that the petitioner had been pursuing his remedy before this Court. This Court expects the appeal, if preferred in the manner indicated above, shall be considered and disposed of on its own merit in Patna High Court CWJC No.9739 of 2005 (8) dt.11-11-2011 3 accordance with law as quickly as possible preferably within ten weeks from the date of receipt/production of a copy of this order. PANKAJ KUMAR/- (Kishore K. Mandal, J)