Remanded

Dr. Shyamal Kishore Singh v. The State Of Bihar and Ors.

Patna HC3 Oct 2017C. REV./230/2016

Case brief

AI extract

What is this about?

In a review application, the Patna High Court condoned a 27-day delay. The court allowed the review on the ground that relevant documents showing the petitioner exercised his option were not properly considered in the earlier appeal, warranting a recall for fresh consideration by an appropriate Bench.

What did the court decide?

Recall of the order dated 02.03.2016 in L.P.A. No.1740 of 2012 and direction to list for orders before an appropriate Bench.

Dr. Shyamal Kishore Singh Vs The State Of… — Pension and Retirement Benefits | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Review No.230 of 2016

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======================================================

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Dr. Shyamal Kishore Singh

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... ... Petitioner/s

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Versus

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The State Of Bihar & Ors

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... ... Respondent/s ====================================================== Appearance : For the Petitioner : Mr. Amarendra Narayan, Advocate For the State : Mr. S. D. Yadav, AAG 9 For the MCI : Mr. Kumar Brijnandan, Advocate ======================================================

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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

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Date : 03-10-2017

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Delay of 27 days in filing of this review application is condoned.

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I.A.No.2393 of 2017 stands allowed.

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Seeking review/recall of the order dated 02.03.2016 passed by a Division Bench of this Court in L.P.A. No.1740 of 2012, this application has been filed.

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In the matter of grant of promotion to the petitioner from the post of Assistant Professor to the Professor, Department of Pathology in the Medical Education Department, claim made by the petitioner was rejected primarily on account of the fact that the petitioner did not give any option under the relevant rule for continuing in the Medical Education Cadre. Prima facie on going

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Patna High Court C. REV. No.230 of 2016 dt.03-10-2017 2/2

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through the material available on record, particularly the document annexed with I.A. No.1947 of 2016 in LPA No.1740 of 2012, it is clear that certain documents pertaining to the option given by the petitioner and which were relevant for deciding the issue in question have not been properly considered or not brought to the notice of the Court in the manner, they are required to and, therefore, an error has occurred in disposal of the appeal which warrants consideration.

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This being an error based on the material available on record, we allow this application, recall the order passed on 02.03.2016 in LPA No.1740 of 2012 and direct for listing of the said LPA for orders before an appropriate Bench.

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(Rajendra Menon, CJ)

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( Anil Kumar Upadhyay, J)

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Sunil/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	04.10.2017
Transmission Date

Dr. Shyamal Kishore Singh v. The State Of Bihar and Ors.

Case brief

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Dr. Shyamal Kishore Singh v. The State Of Bihar and Ors.

Case brief

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