IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6581 of 2007 Vijay Shanker Mishra @ Vijay Kumar Mishra, son of Late Parsuram Mishra, Resident of Mohalla Sadar Hospital Campus, P.O. + P.S. Bhagwan Bazar, District Chapra (Saran). ------ Petitioner Versus 1. The State of Bihar through Commissioner-cum-Secretary, Health, New Secretariat, Patna. 2. Director-in-Chief, Department of Health, New Secretariat, Patna. 3. Civil Surgeon cum Chief Medical Officer, Saran at Chapra. 4. Regional Deputy Director, Health, Saran Division, Chapra. -------- Respondents ----------- 2 23.09.2010 Having heard learned counsel for the parties as with regard to the following prayer:- “1. That this is an application for issuance of appropriate order, direction or writ in the nature of certiorari quashing the order of punishment contained in memo no. 1854 dated 17.4.2007 (Annexure-1) issued by Respondent No.3, whereby and whereunder the Respondent no.3 revoke the order of suspension with some major following punishment:- (I) Transfer to Referral Hospital, Taraiya on administrative. (II) No other payment Except subsistence allowance during suspension period. (III) No salary increment for two consecutive year with prospective effect.” and the admitted position that the petitioner is governed by the provision of Bihar 2 Government Service (Classification, Control & Appeal) Rules, 2005, which under Part-7, Rule-23 provides for an appeal, this Court must hold this writ application without exhausting alternative remedy of appeal, to be not maintainable. It has to be noted that the petitioner has raised several question of fact which can be conveniently gone into by the appellate authority. At the same time, this Court also must note that the order of punishment was passed on 17.4.2007 and this writ application was filed on 18.5.2007 i.e. well within 45 days of the prescribed time limit for filing of appeal under Rule 25 of the 2005 Rules. Thus, this Court would direct the Director-in-Chief, the appellate authority to consider the appeal of the petitioner if the same is filed before him within a period of one month from the date of receipt/production of a copy of this order on merits without throwing it overboard on the ground of delay. It be noted that if such an appeal is filed by the petitioner, the same shall be 3 disposed of expeditiously. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)