IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.249 of 2010
1. Daya Nand Mishra S/O Late Chinta Mani Mishra R/O Vill-
Barkagaon, Sabalpatti, P.O. Nagpura, P.S. Simri, Distt. Buxar
(Bihar), Pin Code- 802118
Versus
1. The State Of Bihar Through The Chief Secretary Old Secretariat,
Patna, Distt. Patna (Bihar)
2. The Secretary Personnel & Administrative Reforms Deptt., Govt.
Of Bihar, Old Secretarit, Patna, Distt. Patna (Bihar)
3. The Secretary Revenue & Land Reforms Deptt., Govt. Of Bihar,
Patna, Distt. Patna (Bihar)
4. The Divisional Commissioner Purnea Division, Purnea, Distt.
Purnea (Bihar)
5. The Deputy Collector Incharge District Establishment,
Kishanganj, Distt. Kishanganj (Bihar)
6. Sri A.K. Tripathi, Executive Magistrate-Cum-Conducting Officer
Kishanganj, Distt. Kishanganj (Bihar)
7. The Sub-Divisional Officer Kishanganj, Distt. Kishanganj (Bihar)
8. The Block Development Officer Kishanganj, Distt. Kishanganj
(Bihar)
9. The Circle Officer Kishanganj, Distt. Kishanganj (Bihar)
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3. 26.08.2011 Learned counsel for the State takes a
preliminary objection to the remedy of appeal
available to the petitioner under Rule 25 of the Bihar
C.C.A. Rules, 2005 against the order of punishment
dated 14.9.2007 in pursuance of a departmental
proceeding commenced on 23.1.2006.
Learned counsel then prays for leave to
withdraw the application to avail the remedies of
appeal. He prays that the Court may condone the
limitation for any delay in preferring the appeal.
Rule 25 vests power in the appellate
authority to consider any application for condoning
the delay in preferring the appeal. This Court cannot
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usurp the power of the appellate authority. If the
petitioner files an appeal along with an application
for condonation of the same, the latter has to be
considered in accordance with law under Rule 25.
The application is dismissed as withdrawn
with the liberty as aforesaid.
P. Kumar ( Navin Sinha, J.)