IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7764 of 2003 SHEO BALAK PRASAD, son of Sri Jagdish Prasad, residents of Mohalla Seva Nagar, P.S. Agam Kuan, District Patna … Petitioner Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Patna 3. The Deputy Development Commissioner, Patna 4. The Deputy Collector (Development), Patna … Respondents. ----------- 3. 14.12.2009 Heard counsel for the petitioner and the counsel for the State. The prayer of the petitioner in this application reads as follows: “This application is being filed for issuance of appropriate writ for quashing part of i.e. the order (k) and (Kh) dated 15.4.2003 vide memo no. 1816/B containing passed by District Magistrate, Patna respondent no.2 contained as Annexure 9 to this petition in which punishment has been awarded to the petitioner in departmental proceeding, without giving opportunity in departmental proceeding before conducting officer, inquiry report was also not served to the petitioner and prior to the awarding punishment no opportunity was given to the petitioner and direct the respondents to discharge the petitioner from the charge leveled against him.” 2 Counsel for the petitioner while pressing for the aforementioned relief could not satisfy the Court as to how and why the petitioner, a staff of Collectorate, would not avail the statutory appeal against an order of punishment. As a matter of fact the order which has been passed in a disciplinary proceeding, out of a departmental enquiry was amenable to an appeal under the old Classification Control and Appeal Rules which was then in force. That being so, this application is premature and in fact misconceived. Considering the fact that this writ application has remained pending for a period of six years (from 6.8.2003 till date), all that the petitioner can get is an observation that the appellate authority, the Commissioner of the Division, would decide the appeal filed by the petitioner on merits if the same is filed within a period of 45 days from the date of receipt/ production of a copy of this order. In the event such an appeal is filed by the petitioner before the Commissioner of the Division he would call 3 for the records of the departmental proceeding and pass necessary order after hearing the petitioner or his representative. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/