IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3800 of 2007 Jageshwar Choudhary, Sales man, State Food Corporation, Samastipur, son of Late Gopi Chaudhary, resident of village Madepur, P.O. and P.S. Kashichak, Nawada, permanent address- village Amba Bigha, P.O. Gilani, Nalanda …Petitioner Versus 1. Bihar State Food & Civil Corporation Ltd. through its Chairman-cum-Managing Director, Sone Bhawan, 5th Floor, Birchand Patel Path, Patna 2. Incharge District Manager , State Food Corporation, Bettiah 3. The Chief of Finance-cum-Conducting Officers, State Food Corporation Sone Bhawan, Patna 4. The Principal Secretary, Civil and Food Supply Department, Govt. of Bihar, Patna …Respondents For the petitioner : Mr. Rajendra Sharma For the Respondents : Mr. R. S. Pradhan, Sr. Adv. & : Mr. A. N. Rai ----------- 02. 18.10.2011 Learned counsel for the petitioner is permitted to implead the Principal Secretary, Civil and Food Supply Department, Govt. of Bihar, Patna, as party respondent no.4 Learned counsel for the petitioner as well as Mr. R. S. Pradhan, learned Sr. Counsel for the Respondent-Corporation are present. The matter was listed for its placement under appropriate heading. Both sides agree that the matter be heard and disposed of at this stage itself. Petitioner is aggrieved by order dated 01.03.2007 (Annexure-14), whereby the order of dismissal passed by the Chairman-cum-Managing Director on 04.01.2005 has been affirmed while invoking power of review. There is no dispute that the petitioner was departmentally proceeded against and inflicted punishment of dismissal from service. 2 Learned counsel for the Corporation states that the matter can be raised in appeal effectively in view of amended provision contained in Rule 28A) of the Rules. Learned counsel further states that the appellate forum shall not reject the appeal of the petitioner on the ground that the said provision was subsequently added in the concerned Rule of the Corporation. Learned counsel for the petitioner submits that petitioner is out of job since 2005. It is also contended that proposed appeal would be barred by limitation and, as such, the appellate forum should be directed to dispose of the appeal as quickly as possible on merit. Having heard the parties and in view of the stand taken by them before this Court, the application is disposed of by the following order:- Let the petitioner file an appeal along with an application annexing a copy of the present order seeking condonation of delay before respondent- Principal Secretary, Civil & Food Supply Department (respondent no.4) within four weeks whereafter the said respondent shall condone the delay and consider the appeal on merit in accordance with law and dispose of the same by a reasoned order within eight weeks from its filing/presentation. hr ( Kishore K. Mandal )