IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12174 of 2011 Lalsa Kumari WIFE OF SHAILENDRA KUMAR RESIDENT OF MAKARPUR TOLA MITHU BIGHA, P.S. MAKHDUMPUR, DISTRICT JEHANABAD. Versus The State Of Bihar & Ors ---------------------------------- 2 23/09/2011 Petitioner is assailing annexure-2 which is the order of the Divisional Commissioner, Gaya. Appeal of the petitioner has been dismissed on the ground of limitation. Order of removal of the petitioner from the post of Angan Bari Sevika was passed by the District Magistrate, Jehanabad on 29.02.2008. A writ application was filed and vide order dated 13.10.2009 a motion was made to withdraw that writ application to pursue the remedy of appeal. The time frame given for filing appeal is 30 days. Even if the period the petitioner was pursuing a wrong remedy is taken into consideration as she had approached the High Court by filing a writ application, there is no satisfactory explanation as to why she could file the appeal only after more than a year on 13.12.2010. If the order of the Divisional Commissioner is taken into consideration in light of the law which has been laid down with regard to limitation, then more than a year’s - 2 - delay surely calls for a satisfactory explanation and to that extent rejection of appeal of the petitioner on the ground of limitation cannot be said to be a bad decision in law. This writ application is dismissed. AMIN/ (Ajay Kumar Tripathi, J.)