IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17393 of 2009 1. KUMAR AMRENDRA PD. VERMA S/O LATE NARSINGH PD. SINHA R/O MOHALLA- MARANPUR, P.S.- CIVIL LINE, DISTT.- GAYA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY PERSONNEL & ADMINISTRATIVE REFORMS DEPARTMENT, BIHAR, PATNA 2. THE COMMISSIONER MAGADH DIVISION, DISTT.- GAYA 3. THE DISTRICT MAGISTRATE GAYA 4. THE SUB-DIVISIONAL OFFICER SADAR, GAYA 5. THE B. D. O. TANKUPA, DISTT.- GAYA ----------- 2. 19.02.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. An objection is raised on behalf of the State that the impugned order dated 21.8.2008 is a fresh order when the earlier remand by the Commissioner was on a technicality for non compliance of procedures and therefore all issues of fact and law can now be agitated in a fresh application before the Commissioner challenging the order of the District Magistrate on merits. If such an application is filed on behalf of the petitioner assailing the order dated 21.8.2008 this Court expects the Commissioner to dispose off the same after hearing all concerned by a reasoned and speaking order within a maximum period of three months from the date of receipt and/or production of a copy of this order. It is made clear this Court has not gone into the merits which remains open for consideration in its entirety by the Commissioner. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)