IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9221 of 2009 ARUN KUMAR YADAV S/O LATE BACHHA PRASAD YADAV VILL & PO. PHULWARIA, TOLA-TEGARAHA, VIA-BHAPTIYAHI, P.S.-KISHANPUR, DIST.- SUPOL, BIHAR. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, WATER RESOURCES DEPARTMENT, SHICHAI BHAWAN,PATNA. 2. SECRETARY, WATER RESOURCES DEPARTMENT, SHICHAI BHAWAN, PATNA. 3. JOINT SECRETARY, WATER RESOURCES DEPARTMENT, SHICHAI BHAWAN, PATNA. 4. DEPUTY SECRETARY, WATER RESOURCES DEPARTMENT SHICHAI BHAWAN, PATNA. 5. ENGINEER IN CHIEF, WATER RESOURCES DEPARTMENT, SHICHAI BHAWAN, PATNA. 6. CHIEF ENGINEER, HEAD QUARTER-BIRPUR, WATER RESOURCES DEPARTMENT, SHICHAI BHAWAN, BIHAR, PATNA. 7. SUPERETENDING ENGINEER, BARRAJ CIRCLE, BIRPUR, WATER RESOURCES DEPARTMENT,SHICHAI BHAWAN, BIHAR, PATNA. ... ... RESPONDENTS. ----------- 2. 4.8.2009. Petitioner is aggrieved by the order dated 11th September,1998 (Annexure-1) where under Deputy Secretary of the Water Resources Department has communicated the punishment imposed on him by the Government. His appeal against the punishment order is not being considered as it is said that the appeal is delayed by more than ten years. Learned counsel for the petitioner states that the appeal filed by the petitioner was delayed by ten years as according to the petitioner, the punishment order (Annexure-1) was never served on him - 2 - and when he came to learn about the said order, he preferred the appeal. It is also submitted that the service appeal being statutory appeal in terms of the provisions contained in Civil Services (Classification, Control and Appeal) Rules should have been considered after condoning the delay in filing the appeal as the punishment order passed by the State Government and communicated by the Deputy Secretary is wholly without jurisdiction in view of the provisions contained in the rules which inter alia empower the Engineer-in-Chief, namely, appointing/Disciplinary Authority of the Junior Engineers to consider the matter on merit and pass the order. Learned counsel for the State however submitted that this Court should not go into the question as to whether the State Government and the Deputy Secretary were competent to consider the explanation filed by the petitioner or the Engineer-in-Chief was competent to consider the same. Such question should remain open to be considered by the appellate authority. - 3 - N.H./ Having heard learned counsel for the parties, I direct the appellate authority to condone the delay in filing the appeal and thereafter to consider the appeal in accordance with law. It shall be open to the petitioner to file supplementary memo of appeal highlighting the point taken before this Court and noted in this order above. This application is, accordingly, disposed of. ( V.N. Sinha,J.)