IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13384 of 2005 Amitabh Rajan …Petitioner Versus 1. The State Of Bihar 2. The Labour Commissioner, Bihar, Patna 3. The Assistant Labour Commissioner(Agriculture & Labour) Patna Departmental Proceeding Officer 4. The District Labour Superintendent, Bhojpur at Ara …Respondents For the petitioner :Mr. Jitendra Pd. Singh & :Mr. Manoj Kumar For the State :Mr. Ashutosh Singh,A.C. To. G.P.8 ----------- 03. 05.08.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. Petitioner during the relevant time was posted as the Labour Enforcement Officer. He was proceeded against departmentally. By order contained in memo no. 3071 dated 23.9.2004 he was dismissed from service in terms of Rules 165 and 167 of the of the Board’s Miscellaneous Rules, 1958 (for short ‘the Rules’). Learned counsel for the petitioner submits that the order is appealable in terms of rule 173 of the Rules read with rule 23 of 1935 Rules. Learned counsel for the State-Respondent does not dispute the aforesaid position in law. While parting with this order, this Court observes that the appeal, if any, preferred by the petitioner within four weeks from today, shall be considered and disposed of expeditiously by the concerned respondent on its own merit 2 in accordance with law taking into account the fact that the petitioner had been bona fidely pursuing the present writ application in this Court. The application is disposed of with the observation aforesaid. hr ( Kishore K. Mandal )