IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15587 of 2009 1. Gautam Banarjee S/O Nikhil Kumar Banarjee, R/O Moh- Line Bazar Purnea, P.S-K.Hat, Distt- Purnea At Present Assistant In The Office Of Circle Officer, Purnea East, Distt- Purnea Versus 1. The State Of Bihar Through Secretary General Of Government Of India 2. The Commissioner Of Purnea Division, Null Purnea 3. Secretary Of Divisional Commissioner, Purnea 4. Administrative Officer of Office Of Divisional Commissioner, Purnea 5. The District Magistrate, Purnea 3/ 18/08/2011 Heard learned counsel for the petitioner and learned counsel for the State. The respondents in their counter affidavit at paragraph-26 have raised a preliminary objection with regard to the remedy of an appeal available to the petitioner against the impugned order of punishment dated 19.5.2009. Learned counsel for the petitioner submits that if instead of disciplinary authority i.e. the District Magistrate, the impugned order has been passed by the appellate authority i.e. the Divisional Commissioner, before whom shall the appeal lie. The deprivation of an appellate forum by reason of the appellate authority passing the original order has been noticed in (2010) 11 SCC 557 (Manohar Lal v. Ugrasen):- “23. …..Therefore, the law on the 2 question can be summarized to the effect that no higher authority in the hierarchy or an appellate or revisional authority can exercise the power of the statutory authority nor can the superior authority mortgage its wisdom and direct the statutory authority to act in a particular manner. If the appellate or revisional authority takes upon itself the task of the statutory authority and passes an order, it remains unenforceable for the reason that it cannot e termed to be an order passed under the Act.” The Court is satisfied that only on that ground the impugned order is not sustainable. The impugned order is accordingly set aside and the matter is remanded to the disciplinary authority to proceed afresh in accordance with law, if so advised. The writ application stands allowed. KC ( Navin Sinha, J.)