Dismissed

Shiv Nandan Sah v. The State Of Bihar and Ors.

Patna HC25 Oct 2016L.P.A/1028/2015

Case brief

AI extract

What is this about?

The Patna High Court disposed of an interlocutory application condoning the appeal's 43-day delay. The court then dismissed the main Letters Patent Appeal challenging an order refusing to stay departmental proceedings pending a criminal trial, finding no error by the lower court.

What did the court decide?

Interlocutory Application was disposed of by condoning the delay; Letters Patent Appeal was dismissed.

Shiv Nandan Sah Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Letters Patent Appeal No.1028 of 2015

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Arising out of Civil Writ Jurisdiction Case No. 437 of 2014

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Along with Interlocutory Application No. 4286 of 2015

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Letters Patent Appeal No.1028 of 2015

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Shiv Nandan Sah Son of Late Sita Ram Sah, Resident of Sahu Colony, Near MBBL College, Damodarpur Pathantoli, P.S. kanti, District-Muzaffarpur.

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.... .... Appellant/s

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Versus

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The State of Bihar through the Principal Secretary, Department of Building Construction, Govt. of Bihar, Patna.

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The Principal Secretary, Department of Building Construction, Govt. of Bihar, Patna.

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The Joint Secretary, Department of Building construction, Govt. of Bihar, Patna.

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Special Work officer, Department of Building Construction, Govt. of Bihar, Patna.

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.... .... Respondent/s

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Appearance :

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For the Appellant/s : None For the Respondent/s : Mr. Lalan Kumar, AC to GP 9

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CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and

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HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 25-10-2016

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None is present for the appellant again.

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Patna High Court LPA No.1028 of 2015 dt.25-10-2016

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2/3

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Re.: Interlocutory Application No. 4286 of 2015

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The application is for condonation of delay of 43 days in filing of the appeal.

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For the reasons mentioned in the application, we find that sufficient cause is made out for condonation of delay. Consequently, the delay of 43 days in filing of the appeal is condoned. Interlocutory Application stands disposed off.

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Re.: Letters Patent Appeal No. 1028 of 2015

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The present Letters Patent Appeal is directed against an order dated 10^th October, 2014 passed by the learned Single Bench wherein, the Court declined to stay the departmental proceeding during the pendency of criminal case.

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Learned counsel for the State pointed out that in fact the enquiry had been concluded and the report submitted and an appropriate decision is likely to be taken by the competent authority soon.

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The learned Single Bench has relied upon judgments of the Hon’ble Supreme Court in the case of State of Rajasthan vs. B. K. Meena reported as AIR 1997 SC 13 and in the case of Capt. M. Paul Anthony vs. Bharat Gold Mine Ltd. reported as (1999) 3 SCC 679 to return a finding that departmental proceedings are not liable to be stayed during the pendency of criminal trial.

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Patna High Court LPA No.1028 of 2015 dt.25-10-2016

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3/3

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We do not find any error in the order passed by the

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learned Single Bench which may warrant interference in the present Letters Patent Appeal. The same is dismissed.

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(Hemant Gupta, J)

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(Ahsanuddin Amanullah, J)