The Patna High Court dismissed a writ petition seeking quashing of a dismissal order from 1991, holding that since the petitioner never challenged the key departmental findings earlier, the application could not be entertained at this belated stage.
Writ application dismissed.
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Patna High Court CWJC No.3479 of 2015 dt.09-03-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3479 of 2015
=========================================================== Ganga Prasad Labh, son of Late Rajendra Labh, resident of Village-Gora Patti, P.S.-Ashok Paper Mills, District-Darbhanga. .... .... Petitioner/s Versus 1. The State of Bihar through the Industrial Development Commissioner, Industries Department of Industries, Govt. of Bihar, Patna. 2. The Director, Department of Industries, Govt. of Bihar, Patna. 3. General Manager, District Industries Centre, Darbhanga. .... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Karn For the Respondent/s : Mr. ANIL KUMAR SINHA- GA9 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 09-03-2015 A K Tripathi, J Dismissal of the petitioner was effected on 29.06.1991 on the basis of a departmental proceeding conducted against him for various serious omission and commission. There was even a criminal case instituted against him. Petitioner never assailed Annexure-4 in all these years of more than two decades. Now that he is free from criminal side and wants quashing of the order which was not part of his earlier conviction, which is finding of guilt by the disciplinary authority. 2. Since the petitioner never assailed Annexure-4, this writ application is not required to be entertained at this belated stage on certain subsequent development on the criminal side. 3. Writ application is dismissed.
(Ajay Kumar Tripathi, J)
R.K.Pathak/-
U
1 issue framed by the court
Whether the writ application should be entertained despite the petitioner never challenging the impugned departmental order in earlier proceedings.
Ganga Prasad Labh
The State of Bihar
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
