Dismissed

The State Of Bihar and Ors. v. Shashi Bhushan Prasad

Patna HC13 Feb 2013L.P.A/187/2013

Case brief

AI extract

What is this about?

In this oral order, the Patna High Court dismissed a Letters Patent Appeal against a Writ Court order that set aside the denial of promotion to the respondent. The High Court accepted the Writ Court's finding that the grounds (arrest warrant and missing confidential reports) were unsustainable and found no perversity in the lower court's decision.

What did the court decide?

The Letters Patent Appeal was dismissed, upholding the Writ Court's order of reconsideration for the respondent's promotion.

The State Of Bihar and Ors. Vs Shashi Bhushan… — Pension and Retirement Benefits | Patna HC (2013)

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Patna High Court LPA No.187 of 2013 (2) dt.13-02-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.187 of 2013

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====================================================== The State Of Bihar & Ors .... .... Appellant/s Versus Shashi Bhushan Prasad .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA and HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 2 13-02-2013 The Appeal is listed today for consideration of I.A. No. 1151 of 2013 to condone the delay of approximately 345 days in preferring the Appeal. The explanation for the official delay in the movement of the file from one table to another leaves us dissatisfied. Nonetheless, we entertain submissions on I.A. No. 1152 of 2013 for stay of operation of the judgment under Appeal. Learned counsel for the appellant has addressed us on the merit also. The writ court held that denial of consideration for promotion on the twin grounds of a warrant of arrest and non availability of confidential reports during DPC was not sustainable. The warrant of arrest pertained to the year 2004 for a quarrel between the husband and wife unrelated to official duties. He had been acquitted in the trial after settlement in the year 2004

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Patna High Court LPA No.187 of 2013 (2) dt.13-02-2013

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itself long before consideration by the DPC on 28.06.2011. Likewise, the availability of the confidential records, an official document, was the responsibility of the respondents. The reasoning of the writ court is flawless and calls for no interference.

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Counsel for the appellant sought to persuade us that even if the respondent had been acquitted in the year 2004, the information was not available with the appellants.

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The writ court holding the grounds for non consideration to be bad has set aside the same and directed reconsideration. We are at a complete loss to understand the reason why the present Appeal has been preferred. It is not the case of the appellants that there is any perversity or illegality in the order. Adequate directions have already been given by the writ court in the nature of the submissions made on behalf of the appellant before us.

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The Appeal is dismissed.

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(Navin Sinha, J.)

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Md. Ibrarul/-

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(Shivaji Pandey, J.)

The State Of Bihar and Ors. v. Shashi Bhushan Prasad

Case brief

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The State Of Bihar and Ors. v. Shashi Bhushan Prasad

Case brief

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