The court dismissed the writ petition seeking quashing of a dismissal order from service. The petitioner argued dismissal followed a health crisis but failed to explain when he attempted to rejoin before the 13-year delay in filing.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10205 of 2014
======================================================
.... .... Petitioner/s
Versus
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Mukund For the Respondent/s : Mr. GA1- Shyam Kishore Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 21-11-2017 Heard both sides.
The petitioner has filed this writ petition for quashing the order dated 24.11.2001, as contained in memo No. 2652, whereby the petitioner has been dismissed from service.
The learned counsel for the petitioner submits that petitioner proceeded on leave on 03.10.2000 for four days but he suffered from mental stroke and he was admitted in a Government hospital. The petitioner was diagnosed to be suffering from depressive manic psychosis. The petitioner continued to inform and apprise the authorities about his illness and also for extension of his leave but he was dismissed from service vide order dated 24.11.2001. It is further submitted that when the petitioner fully recovered from his mental ailment he went to join but the petitioner was informed after five years that he was dismissed from service.
It appears from the averments made in the writ
Patna High Court CWJC No.10205 of 2014 (2) dt.21-11-2017
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petition that petitioner has not stated that when he went to join. The order of dismissal was passed on 24.11.2001 but this writ petition was filed on 23.06.2014, i.e., only after about 13 years.
On the ground of delay and laches, I do not intend to interfere in the order of dismissal. Accordingly, this writ petition is dismissed.
(Prabhat Kumar Jha, J)
BKS/-
U
1 issue framed by the court
Whether to interfere in the order of dismissal despite the writ petition being filed after a delay of about 13 years?
Rajiv Kumar Thakur
The State of Bihar through Director, Statistics and Evaluation Department
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
