A two-judge bench condoned a 65-day delay in filing an appeal and dismissed it. The court rejected the appellant's claim to receive pension pending appeal against conviction for corruption.
Interlocutory application disposed of; Letters Patent Appeal dismissed in limine.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.128 of 2013
In
Civil Writ Jurisdiction Case No. 4068 of 2010
With
Interlocutory Application No.818 of 2013
In
Letters Patent Appeal No.128 of 2013
====================================================== Rameshwar Prasad, son of Late Narayan Lal Chaudhary, resident of Flat no.403, Manna Singh Lane, North Sri Krishnapuri, Boring Road, Patna.
.... .... Petitioner-Appellant
Versus
.... .... Respondents- Respondents
======================================================
Appearance : For the Appellant : Mr. Abhinav Srivastava, Advocate For the Respondent State: Mrs. Namrta Mishra, GP-17
Mr. S.S. Pd. Sinha, A.C. to G.P.-17
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
Patna High Court LPA No.128 of 2013 (2) dt.04-02-2013
2 / 2
The delay of 65 days occurred in filing the Letters Patent Appeal is condoned.
Interlocutory Application stands disposed of. Letters Patent Appeal No.128 of 2013:
Feeling aggrieved by the judgment and order dated 5th April 2012 passed by the learned single Judge in C.W.J.C. No. 4068 of 2010, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent.
The appellant, a retired Government servant, has been convicted for the offence punishable under the provisions of the Prevention of Corruption Act. The criminal appeal against conviction has been admitted for final hearing. Appellant claims that pending the appeal against conviction, he has right to receive pension. The learned single Judge has dismissed the writ petition. Therefore, this Appeal.
We see no merit in this Appeal. Appeal is dismissed
in limine .
(R.M. Doshit, CJ)
(Ahsanuddin Amanullah, J)
Pawan/-
2 issues framed by the court
Whether the delay in filing the Letters Patent Appeal regarding pension rights should be condoned.
Whether the appellant, a retired government servant convicted under the Prevention of Corruption Act, has a right to receive pension pending appeal against conviction.
Rameshwar Prasad
The State of Bihar
R.M. Doshit
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
