IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2028 of 2008 YUGAL KISHORE GHOSH Versus THE STATE OF BIHAR & ORS ----------- 2 3/12/2008 Heard counsel for the petitioner. In the opinion of this Court while the impugned order cannot be sustained. The Bihar Administrative Tribunal Act, 1985 is no longer in vogue, in as much as, the Bihar Administrative Tribunal constituted thereunder has not been functioning for more than last fifteen years. Thus there being no Tribunal in existence under the 1985 Act, the Civil Courts cannot close the proceedings of a civil suit on any issue arising out of a service matter. Jurisdiction of Civil Court was/is definitely available in the year 2008 when the State Government has not constituted the Bihar Administrative Tribunal. The question however still remains whether the suit filed by the petitioner is maintainable being not barred by law of limitation. There is a clear averment in the plaint that for the time bound promotion which actually became admissible 2 to the petitioner from 1981 a cause of action of the suit had arisen from 16.12.1985. The court below therefore would be well advised to examine the question of limitation of the suit by way of a preliminary issue and only if it is held that the suit is not barred by law of limitation, the court below will proceed further to decide the suit on merits. With the aforementioned observation and direction the impugned order is set aside and this application is allowed to the extent indicated above. (Mihir Kumar Jha,J.) Abhay Kumar