Dismissed¶28

The State Of Bihar and Ors. v. Rajnish Kumar

Patna HC21 Feb 2024L.P.A/1728/2018

Case brief

AI extract

What is this about?

Patna High Court, LPA No.1728 of 2018, judgment dated 21-02-2024 (P. B. Bajanthri, J., for the Bench; Alok Kumar Pandey, J.). State of Bihar and Water Resources Department officials challenged the Single Judge's order dated 16.02.2016 in CWJC No. 14455 of 2013 (writ petitioner Rajnish Kumar; matter concerned counting of work-charge establishment service for ACP benefits as recited in the condonation affidavit). LPA due by 15.03.2016 but filed 29.11.2018; delay of 2 years and 268 days not condoned for want of sufficient cause; appeal dismissed. Delay condonation, limitation, government file movement insufficient cause.

What did the court decide?

None; the application for condonation of delay was rejected and the LPA was dismissed. Pending I.A.(s), if any, stood disposed of. ¶28

The State Of Bihar and Ors. Vs Rajnish Kumar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1728 of 2018

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Civil Writ Jurisdiction Case No.14455 of 2013

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

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The State Of Bihar and Ors

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The Principal Secretary, Water Resources Department, Anisabad, Government of Bihar, Sinchai Bhawan,

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The Joint Secretary,Water Resources Department, Anisabad, Government of Bihar, Sinchai Bhawan, Patn

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The Under Secretary, Water Resources Department, Anisabad, Government of Bihar, Sinchai Bhawan, Pat

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The Chief Engineer, Water Resources Department, Anisabad, Government of Bihar, Sinchai Bhawan, Patn

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The Technical Secretary To The Chief Engineer, Water Resources Department, Anisabad, Government of

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The Superintending Engineer, Design, Planning And Monitoring, Anisabad, Patna.

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... ... Appellant/s

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Versus

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Rajnish Kumar S/o Late Ram Naresh Sharma R/o village- Jamuawan, P.O.Tajpur, P.S. Khizersarai, District- Gaya, Present Residing At Yamuna Colony, Beur Akhadapar, Beur, P.S.- Beur, District- Patna.

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... ... Respondent/s

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

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For the Appellant/s : Mr.Sanjay Kumar Ac To Aag 4 For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

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Date : 21-02-2024

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The present LPA is presented by the State Authorities in assailing the order of the learned Single Judge dated 16.02.2016 passed in CWJC No. 14455 of 2013.

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Patna High Court L.P.A No.1728 of 2018 dt.21-02-2024 2/3

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2. The present LPA should have been presented on or before 15.03.2016 whereas LPA was presented belatedly on 29.11.2018. Thus, there is a delay of about 2 years and 268 days, the reasons assigned for condonation of delay are stated in Para 5 to 7. It is necessary to re-produce Para 5 to 7:-

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“5. That it is stated that after preparring the draft Letters Patent Appeal the filed has been spent to Law Department Government of Bihar Patna to take opinion in connection with filing of the Letters Patent Appeal No. 22.04.2016. The law department had returned the file to the department of the deponent on 25.01.2018. The Learned Advocate General opined that Letters Patent Appeal cannot be filed as two years time had already lapsed after the order and judgment of this Hon'ble Court but he had also opined that on merit the period spent under work charge establishment will not be counted for grant of ACP benefits. Again the file had been sent to the law department, Government of Bihar on 10.03.2018 by the department of the deponent for opinion as the Hon'ble Court had directed the department to count the service rendered period of Work Charge Establishment of the Writ etitioner. The Law department, Government of Bihar Patna now opined that the Letters Patent Appeal can be filed as it procedural delay not intentional and substantial legal issue is involved in the matter. The file had been received on 11.10.2018 by the department of the deponent from the Law department, Government of Bihar Patna.

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6. That it is stated and submitted that thereafter Letters Patent Appeal had been prepared for filing before the Hon'ble Court. It is submitted that the file moves from the level

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Patna High Court L.P.A No.1728 of 2018 dt.21-02-2024 3/3

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of Assistant and it reaches up to the level of Joint Secretary/Secretary of different department after crossing various officers. After that it was decided that appeal will be filed.

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7. That it is stated and submitted that all the process had taken some time for preparation and filing of the present Letters Patent Appeal.”

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3. Reading of the aforementioned statement there is no iota of material with reference to dates and events except the file was moved on 22.04.2016, and thereafter file was returned by the Law Department on 25.01.2018 other than this nothing has been narrated so as to sufficient cause has been shown to condone the enormous delay of 2 years and 268 days or not?

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4 . Accordingly, the present application for condonation of delay stands rejected. In the result the present LPA No. 1728 of 2018 stands dismissed.

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5. Pending I.A.(s), if any, stands disposed of.

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(P. B. Bajanthri, J)

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( Alok Kumar Pandey, J)

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abhishekkr/-

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