IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.471 of 2007 KESHO SHARMA, SON OF LATE SHEO PARASH SHARMA RESIDENT OF VILLAGE AND POST OFFICE BHATWALIA, P.S. KOPA, DIST. SARAN (CHAPRA). Versus 1. THE STATE OF BIHAR 2. THE INSPECTOR GENERAL OF JAIL, BIHAR, PATNA. 3. THE SUPERINTENDENT, CENTRAL JAIL, BUXAR, DIST. BUXAR. 4. THE SUPERINTENDENT, DIVISIONAL JAIL, ARA, DIST. BHOJPUR. 5. THE JAIL SUPERINTENDENT, DIVISIONAL JAIL, CHHAPRA. For the petitioner : Mr. Nil Kamal, Advocate. For the State : M/s Kundan Bahadur Singh, SC-22, Narendra Kumar, AC to SC-22. ----------- 02. 18.07.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner at the relevant time served as Warder in the Divisional Jail, Ara. He is aggrieved by the order no.96 dated 4.4.2003, Annexure-3 whereunder his pension and gratuity has been deducted to the extent of 10, 20%. Against the said order petitioner filed appeal through the I.G. Prison, Bihar. This Court under orders dated 6.9.2005, Annexure-1 permitted the petitioner to withdraw C.W.J.C. No.12697 of 2004 to avail the remedy of statutory appeal against the order dated 4.4.2003. In the light of the said order petitioner filed appeal through the I.G. 2 Prison. The I.G. Prison rejected the appeal of the petitioner under order bearing memo no.4400 dated 30.11.2009, Annexure-B to the counter affidavit. Appellate authority is the Home Commissioner, Bihar but I.G. Prison under order dated 30.11.2009 refused to forward the appeal of the petitioner to the Home Commissioner for being considered on the ground that the same is barred by limitation. The appellate authority being the Home Commissioner, Bihar, I.G. Prison could not have rejected the appeal. Accordingly, I.G. Prison is directed to forward the appeal of the petitioner to the Home Commissioner, who should consider the same after condoning the delay in filing the appeal. The order passed by the I.G. Prison, Bihar bearing memo no.4400 dated 30.11.2009 is quashed. 3. The writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)