IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8585 of 2005 ====================================================== Yadunandan Tripathi , s/o- late Shri Medha Brat Tripathi, r/o- village Chhota Sasaram, P.S.- Udwant Nagar, District- Bhojpur. .... .... Petitioner/s Versus 1. The Bihar State Food & Civil Supplies Corporation Ltd. through its Chairman-cum-Managing Director, Sone Bhawan, 5th Floor, Birchand Patel Path, Patna-1. 2. The Chairman-cum- Managing Director, Bihar State Food & Civil Supplies Corporation Ltd., Sone Bhawan, 5th Floor, Birchand Patel Path, Patna-1 3. The Chief of Administration, Bihar State Food & Civil Supplies Corporation Ltd., Sone Bhawan, 5th Floor, Birchand Patel Path, Patna- 1. 4. The Chief of Claim, Bihar State Food & Civil Supplies Corporation Ltd., Sone Bhawan, 5th Floor, Birchand Patel Path, Patna-1. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Uma Shankar Prasad Mr. Bhuneshwar Pandey Mr. Kamla Kant Tiwary For the Respondent/s : Mr. R.S.Pradhan Mr. Amarendra Narayan Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL) 5 11-11-2011 Heard both sides. Petitioner raises a grievance with respect to the order dated 24.1.2005 (Annexure-8) passed by the Chairman-cum- Managing Director, Bihar State Food & Civil Supplies Corporation Ltd. (for short “ the Corporation”) whereby in pursuance of a departmental proceeding, certain punishments have Patna High Court CWJC No.8585 of 2005 (5) dt.11-11-2011 2 been inflicted on the petitioner. Learned counsel in support of the application made diverse submissions. Learned counsel for the respondent, on the other hand, contended that the order is appealable in terms of Rule 28(a) of the Service Conduct and Disciplinary Rules. It is further submitted that although the aforesaid rule providing appeal in place of review, has been engrafted subsequently but the appeals filed against the order inflicting punishments are entertained under the orders of the Court. Learned counsel for the petitioner, in view of the aforesaid stand taken by the respondent, submits that he may be permitted to withdraw the application in order to pursue the remedy of appeal as provided under the relevant Rule. He, however, contends that appeal to be preferred by the petitioner, would be barred by limitation. Having heard the parties and on perusal of the materials on record, this Court is satisfied that the present application be disposed of by the following observations: Let the petitioner file appeal against the impugned order within four weeks from today along with an application seeking condonation of delay, if any, together with a copy of this order whereafter the Appellate Authority shall consider the application Patna High Court CWJC No.8585 of 2005 (5) dt.11-11-2011 3 seeking condonation of delay keeping in focus the fact that the petitioner has been bona fidely pursuing the remedy before this court. This Court expects that the appeal, if preferred in the manner indicated above, shall be considered and disposed of on its own merit in accordance with law preferably within 10 weeks from its filing. PANKAJ KUMAR/- (Kishore K. Mandal, J)