The High Court condoned a delay in filing a review application seeking to recover from an order dismissed a candidate's appointment due to missing original Form-II. The Court found the applicant bound by prior precedents mandating original submission.
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
Civil Review No.79 of 2015 Arising out of L.P.A. No. 429 of 2013
=========================================================== Sohan Chaudhary @ Sohan Choudhary, Son of Late Bakhora Choudhary, Residence of village - Smalischak, Police Station & District - Jehanabad.
.... .... Appellant/Petitioner Versus
.... .... Respondents/Opposite Parties
=========================================================== Appearance : For the Petitioner : Mr. Bindhyachal Singh, Advocate. Mr. Satya Prakash, Advocate. For the State : Mr. Purnendu Singh, G.P. 27 Mrs. Sunita Kumari, A.C. to G.P. 27 For the Commission : Mr. S.S. Sundaram, Advocate.
=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA
and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 20-04-2016
I.A. No. 3998 of 2015
The application is for condonation of delay of 7 months 22 days
in filing the present Civil Review Application.
we are satisfied that the appellant has shown sufficient cause to seek condonation of delay of 7 months 22 days in filing the present Civil
Patna High Court C. REV. No.79 of 2015 dt.20-04-2016
2 /3
Review Application.
Civil Review No. 79 of 2015
Heard learned counsel for the appellant and the respondents.
Patna High Court C. REV. No.79 of 2015 dt.20-04-2016
3 /3
been followed by the learned Single Bench and has not been interfered with in the Letters Patent Appeal.
(Hemant Gupta, J)
(Ahsanuddin Amanullah, J)
P.K.P./Anand N.A.F.R.
U
2 issues framed by the court
Whether the writ petition dismissing the candidate's appointment due to missing District Transport Officer signature on Form-II merits review.
Whether even with condonation of delay, the judgment demonstrating that Form-II must be submitted in original warrants interference with the impugned order.
Sohan Chaudhary
State of Bihar
Chairman, Bihar Staff Selection Commission
Hemant Gupta
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
