Disposal of an application for condonation of delay to restore a dismissed Letters Patent Appeal regarding an order stopping two increments in a departmental penalty case. The appeal itself was dismissed for lack of merit.
Application for condonation of delay and restitution of the Letters Patent Appeal to its original number were allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.333 of 2016
In
LPA 1539 of 2014
======================================================
Ram Narayan Prasad S/o late Tuni Singh Resident of village- Mansinghpur, P.S. Nagarnausa , District - Nalanda. presently retired from the post of Asstt. Teacher, Madhya Vidyalaya, Lodipur, Nagarnausa , Distt. - Nalanda.
.... .... Petitioner/s
Versus
.... .... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar No.1 For the Respondent/s : Mr. Pandey S Sahay
====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and
HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA)
This application is for condonation of delay in filing the restoration application of Letters Patent Appeal which was dismissed on 27.11.2014.
The petitioner points out that it was a mistake of clerk of the counsel which led to mistake in noting the case for hearing.
Since the mistake is in the office of an advocate, we deem it appropriate to condone the delay in filing the restoration application and restore Letters Patent Appeal No. 1539 of 2014 to
Patna High Court MJC No.333 of 2016 (2) dt.08-03-2016
2/2
its original number. It is ordered accordingly.
I.A. No. 773 and MJC No. 333 of 2016 are, accordingly,
allowed.
LPA No. 1539 of 2014:
The challenge in the present Letters Patent Appeal is an order passed by the learned Single Judge of this Court on 22.04.2011 whereby the challenge to an order of stoppage of two increments with non-cumulative effect remained unsuccessful. The appellant was imposed such punishment on 19th February, 2008 but the writ petition was filed only in the year 2010 after the punishment imposed has run its course and when the increments stood restored.
The minor penalty was inflicted after conducting a regular departmental enquiry. The appellant has invoked the jurisdiction of this Court after completion of penalty. It may be noticed that the appellant could not point out any illegality in the decision making process before imposing minor penalty. In view thereof we do not find any merit in the present appeal. It is accordingly dismissed.
(Hemant Gupta, J)
S.Pandey/-KKSinha
(Ramesh Kumar Datta, J)
U
Ram Narayan Prasad
The State of Bihar through the Commissioner-cum-Secretary
The Director, Primary Education
The Collector, Nalanda
The District Superintendent of Nalanda
The Block Development Officer
Hemant Gupta
Ramesh Kumar Datta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
