IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10597 of 2009 NARESH PASWAN, SON OF LATE LAKSHMAN PASWAN, RESIDENT OF VILLAGE MAYAGANJ, P.S. BARARI, DISTRICT BHAGALPUR---PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2. COMMISSIOINER-CUM-SECRETARY, HOME, SPL.(JAIL) DEPARTMENT, BIHAR, PATNA. 3. I.G. PRISONS, BIHAR, PATNA. 4. SUPERINTENDENT SPECIAL CENTRAL JAIL, BHAGALPUR. ----------- 03. 27.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner at the relevant time served as Head Warder in the Special Central Jail, Bhagalpur. For misconduct he was proceeded against and removed from service under order bearing No.88 dated 6.6.2006, Annexure-10, against which he filed appeal, which was also dismissed by the I.G., Prison, Bihar, Patna under order bearing Memo No. 6494 dated 7.12.2006, Annexure-11. It appears petitioner challenged both the orders before the Commissioner-cum-Secretary, Home(Prison) Department, Bihar, Patna by filing revision in terms of the provisions contained in Rule 28 of the Bihar Government Servant(Classification Control and Appeal) Rules, 2005(hereinafter referred to as “the Rules”). The revision application is dated 7.2.2007 and is contained in Annexure-12 to this application. When the aforesaid revision application was not disposed of, he approached this Court in C.W.J.C. No. 4130 of 2008 and the application was disposed of on 17.3.2009 directing the authorities to consider the revision application, whereafter the authorities have passed order bearing No. 2760 dated 29.4.2009, Annexure-14, whereunder the revision application, Annexure-12 has been directed to be filed i.e. without considering the same, it has been kept with the records. - 2 - 3. In the circumstances, it is not difficult for this Court to appreciate that the Commissioner-cum-Secretary, Home(Prison) Department, Bihar, Patna has not applied his judicial mind to the contents of the revision application, Annexure-12, which fact has been candidly accepted by the learned counsel for the State, AAG-IV and accordingly, order dated 29.4.2009, Annexure-14 is set aside with direction to the Commissioner-cum-Secretary, Home(Prison) Department, Bihar, Patna to consider the revision application, of the petitioner dated 7.2.2007, Annexure-12 in accordance with law as early as possible, in any case within two months from the date of receipt/production of a copy of this order. 4. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)