Allowed

Bhagwat Prasad v. The State Of Bihar and Ors.

Patna HC7 Apr 2017CWJC/3585/2016

Case brief

AI extract

What is this about?

Writ petition quashing an order dismissing a Minimum Wages Appeal for want of prosecution. The Court found suspicion due to absent Presiding Officer on appeal hearing dates and manipulative entries in the ordersheet. The order was set aside.

What did the court decide?

The order dated 15.12.2015 dismissing the appeal is set aside and the matter is remanded to be heard on merits within three months.

Bhagwat Prasad Vs The State Of Bihar and Ors. — Civil Procedure and Limitation | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.3585 of 2016

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=========================================================== Bhagwat Prasad Son of Late Naraiya Mahto Resident of village Gandhi Chowk Sabji Market, P.S. Jehanabad, District Jehanabad

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.... .... Petitioner

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Versus

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The State of Bihar through the D.M. Jehanabad

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The Additional Collector, Jehanabad

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The S.D.O., Sadar, Jehanabad

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The Labour Enforcement Officer, Labour Office, Jehanabad

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Mahesh Singh

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Sumesh Singh

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Both sons of Sri Narain Singh

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Both Residents of village Baua, P.O. Nagla Kinjer, P.S. Sigori, District- Patna

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.... .... Respondents

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=========================================================== Appearance :

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For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Respondent/s : Mr. Raj Nandan Prasad SC-9

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=========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT

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Date: 07-04-2017

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This writ application has been filed by the petitioner to

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quash the order dated 15.12.2015 passed by the Additional Collector, Jehanabad in Minimum Wages Appeal No. 01/2015-16.

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Learned counsel for the petitioner has drawn my

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attention towards the order of the aforesaid minimum wages appeal case as contained in Annexure-6 to this writ application.

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Patna High Court CWJC No.3585 of 2016 dt.07-04-2017

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2/3

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He submitted that from perusal of the ordersheet, it would be evident that on 22.09.2015, 28.10.2015 and 10.11.2015, the petitioner had filed his appearance but due to absence of the Presiding Officer the case was adjourned. He submitted that on 15.12.2015, due to some confusion regarding the fixation of the date when the petitioner could not appear, the impugned order dismissing the appeal for want of prosecution was passed by the Additional Collector, Jehanabad. He submitted that it would also be evident from perusal of the order-sheet as contained in Annexure-6 that certain manipulations were made in the ordersheet and in the marginal note the word “vuqifLFkr” has been inserted in a different handwriting.

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On the other hand, learned counsel for the State submitted that the petitioner never appeared before the Appellate Authority after filing the appeal and thus the appeal has been dismissed for want of prosecution. He submitted that there is no manipulation in the order-sheet.

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I have heard learned counsel for the parties and perused the record.

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From perusal of the orders dated 22.09.2015, 28.10.2015 and 10.11.2015, it stands admitted that on all these dates, the Presiding Officer himself was absent and the only date on

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Patna High Court CWJC No.3585 of 2016 dt.07-04-2017

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which the petitioner absented to participate in the appeal proceeding was 15.12.2015. The manner in which entry of the word “vuqifLFkr” has been made in the marginal note also creates suspicion.

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In that view of the matter, the order dated 15.12.2015 is set aside. The matter is remanded to the Appellate Authority to hear the case on merits and decide the same in accordance with law within three months from the date of receipt/production of a copy of this order.

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The writ application stands allowed.

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(Ashwani Kumar Singh, J)

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Kanchan/-

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AFR/NAFR	NAFR
CAV DATE	NA
UploadingDate	10.04..2017
Transmission Date	NA

Bhagwat Prasad v. The State Of Bihar and Ors.

Case brief

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Bhagwat Prasad v. The State Of Bihar and Ors.

Case brief

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