Dismissed

Sushil Chandra Srivastava v. the Presiding Officer,Industri

Patna HC22 Aug 2012L.P.A/40/2011

Case brief

AI extract

What is this about?

The Patna High Court dismissed a Letters Patent Appeal challenging an industrial tribunal's award regarding a telephone mechanic's dismissal. The court upheld the dismissal as based on concurrent findings of fact and disposed of an interlocutory application regarding delay in filing the appeal.

What did the court decide?

Letters Patent Appeal and Interlocutory Application dismissed; delay of 129 days not condoned for appeal.

Sushil Chandra Srivastava Vs the Presiding… — Pension and Retirement Benefits | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.40 of 2011

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Civil Writ Jurisdiction Case No. 10451 of 2000

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With

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Interlocutory Application No.208 of 2011

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Letters Patent Appeal No.40 of 2011

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======================================================

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Sushil Chandra Srivastava son of Sri Kamaldeo Narain, resident of villageand P.O.-Dihrampur, District-Darbhanga.

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.... .... Petitioner-Appellant

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Versus

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The Presiding Officer, Industrial Tribunal, Patna.

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The Bihar State Electricity Board through its Chairman, Vidyut Bhawan, Bailey Road, Patna.

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General Manager cum Chief Engineer, Muzaffarpur Thermal Power Station, Kanti, Dist.-Muzaffarpur.

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The Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna.

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.... .... Respondents-Respondents

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======================================================

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Appearance : For the Appellant : Mr. Kumar Ravish, Advocate For the Respondent State: Mr. Biresh Kumar Sinha, A.C. to AAG-2 For the Respondent BSEB : Mr. Vinay Kirti Singh, Advocate Mr. Vijay Kumar Verma, Advocate ======================================================

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CORAM: HONOURABLE THE CHIEF JUSTICE

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and

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HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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Patna High Court LPA No.40 of 2011 (4) dt.22-08-2012

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2 / 3

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4. 22-08-2012 Interlocutory Application No. 208 of 2011:

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The delay of 129 days occurred in filing the Letters Patent Appeal is condoned.

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Interlocutory Application stands disposed of. Letters Patent Appeal No.40 of 2011:

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Feeling aggrieved by the judgment and order dated 24^th June 2010 passed by the learned single Judge in C.W.J.C. No. 10451 of 2000, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent.

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The appellant, a Telephone Mechanic in the respondent Bihar State Electricity Board (hereinafter referred to as ‘the Board’), came to be dismissed from service on 7^th October 1993 on the charge of manipulating and interpolating the entries regarding birth date made in his service book to gain an advantage by six years and manipulating the entry made in the service book in respect of his joining the service as Foreman Grade-I at Barauni Thermal Power Station to gain advantage of selection grade and for the acts of insubordination. The order of dismissal from service was challenged before the Industrial Tribunal, Patna in Miscellaneous Case No.57 of 1993. The same came to be dismissed under Award dated 15^th February 2000. The challenge to the said award in above C.W.J.C. No. 10451 of 2000 before the learned single Judge has failed. Therefore, this Appeal.

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Learned advocate Mr. Kumar Ravish has appeared for the appellant. He has submitted that the Board has failed to prove that the manipulation and interpolation in question was made by the appellant and none else. The appellant has been held to be guilty on a mere inference.

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We see no substance in this Appeal. In view of the

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Patna High Court LPA No.40 of 2011 (4) dt.22-08-2012

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3 / 3

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concurrent finding of fact recorded by the learned single Judge as well as by the Tribunal below, no case for interference is made out.

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Appeal is dismissed in limine.

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(R.M. Doshit, CJ)

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(Ahsanuddin Amanullah, J)

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Pawan/-

Sushil Chandra Srivastava v. the Presiding Officer,Industri

Case brief

What is this about?

What did the court decide?

Sushil Chandra Srivastava v. the Presiding Officer,Industri

Case brief

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What did the court decide?

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