IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18893 of 2011 1. Anil Kumar Pandey Son Of Late Radha Krishna Pandey Resident Of Village + P.O.- Parauli, P.S. Basantpur, Distt.-Siwan. Versus 1. The State Of Bihar Through The Secretary Ministry Of Home, Bihar, Patna. 2. The Director General Of Police, Bihar, Patna. 3. The Inspector General Of Police, Patna Range, Patna. 4. The Deputy Inspector General Of Police Sahabad Region, Dehri-On-Sone. 5. The Superintendent Of Police, Bhojpur At Arrah. 6. The Inquiry Officer-Cum-Inspector Of Police Jagdishpur, Bhojpur. ----------- 2. 25.10.2011 Heard learned counsel for the petitioner and learned A.C. to G.P.-19 for the respondents. The petitioner is aggrieved by the order dated 30.06.2011 by which his appeal against dismissal has been rejected only on the ground of limitation. Learned counsel for the petitioner submits that he is aggrieved by the very enquiry report and whatever procedure has been followed thereafter becomes bad in law since the enquiry report stands vitiated in law. The learned counsel for the respondents submits that there is an alternative remedy available to the petitioner that is by way of filing memorial. Learned counsel for the petitioner submits that the appellate order rejecting the appeal of the petitioner having been passed only on the ground of limitation cannot be properly challenged by filing any memorial. Considering the facts and circumstances of the case, 2 this Court finds that the petitioner is entitled to be heard on merits by the appellate authority since vital aspects both on law as well as in facts need to be appropriately dealt with by the authority concerned. In view of the aforesaid, the appellate order dated 30.06.2011 contained in Memo No. 616 issued by the D.I.G., Sahabad is set aside. The concerned D.I.G. shall hear the appeal of the petitioner afresh on merits and pass a reasoned order. The petitioner shall be free to raise all the points available to him before the D.I.G. in the said appeal. The D.I.G. shall ensure that the appeal is heard and finally decided as expeditiously as possible but in any case within a maximum period of three months from the date of receipt/product of a copy of this order upon him. The D.I.G. shall also offer an opportunity of personal hearing to the petitioner either by himself or through authorized agent before passing any final orders, if so requested. The writ petition stands disposed off with the aforementioned directions. Saif/- (Ahsanuddin Amanullah, J.)