IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11232 of 2010 ====================================================== 1. Shaligram Pathak, S/O Late Gangadhar Pathak, R/O Village Bangaun,P.S. Bangaun, District-Saharsa. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. The Secretary,Rural Works Department,Govt. Of Bihar,Patna. 3. The Secretary,Road Construction Department, Govt.Of Bihar, Patna. 4. The Joint Secretary,Rural Works Department,Govt. Of Bihar,Patna. 5. The Joint Secretary,Road Construction Department, Govt.Of Bihar, Patna. 6. The Deputy Secretary, Vigilance, Road Construction Department, Govt.Of Bihar, Patna. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. P.N.Pathak For the Respondent/s : Mr. (Aag11) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 2 17-11-2011 Heard learned counsel for the petitioner and learned counsel for the State. Learned counsel for the State raises a preliminary objection to the alternative statutory remedy of revision available to the petitioner against the impugned punishment imposed by the State Government dated 4.5.2010. Learned counsel for the petitioner submits that in that event he may be permitted to question the subsequent order dated 27.5.2010 also in the revision application. If an alternative statutory remedy is available, the question of exercising the extra ordinary power under Patna High Court CWJC No.11232 of 2010 (2) dt.17-11-2011 2 Article-226 of the Constitution of India in the facts of the present case does not arise. The reluctance of this Court to exercise its extra ordinary powers can or shall have no application or be no consideration by the revisional authority which power has to be exercised strictly in accordance with Rules-27 and 28 of the Bihar C.C.A. Rules, 2005. Learned counsel for the petitioner prays for leave to withdraw the application. He expresses apprehensions on the question of limitation. The petitioner appears to have approached this Court with promptitude on 6.7.2010. Provision of condonation of delay exists under the Bihar C.C.A. Rules. If such revision application is filed within 45 days from today, let the same be considered on its own merits, without going into the issues of limitation and disposed off by a reasoned and speaking order preferably within a maximum period of three months from the date of receipt/presentation of a copy of such application. The writ application is dismissed as withdrawn with the liberty as aforesaid. Krishna Chandra Jha/- (Navin Sinha, J)