High Court Patna High Court - Orders

Mohanlal Sah vs The State Of Bihar & Ors on 29 August, 2011

Patna High Court – Orders
Mohanlal Sah vs The State Of Bihar & Ors on 29 August, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    CWJC No.919 of 2010
         1. Mohanlal Sah S/O Late Ganesh Prasad Sah Vill Laupokhar
         Gohitola, P.O.Belanbazar,P.S.Kasim Bazar,Distt-Munger
                                  Versus
         1. The State Of Bihar Through The Chief Secretary Government Of
         Bihar,Patna
         2. The D.G.Cum I.G.Of Police Bihar, Patna
         3. The I.G.Of Police Eastern Range Bhagalpur
         4. The S.P. Naugachia, Bhagalpur
                                           -----------

3. 29.08.2011 Heard learned counsel for the petitioner

and the State.

The petitioner assails the orders dated

28.11.2006 and 11.6.2009 only to the extent that it

adjusts his period from termination till

reinstatement of 1936 days against his extraordinary

leave.

Learned counsel submits that the

petitioner has earned leave available to his credit

prior to the date of his termination and therefore the

same may be adjusted to the extent permissible and

the balance may be adjusted against extraordinary

leave so that minimum financial loss is caused to

him.

No counter affidavit has been filed despite

a passage of over one and a half years including time

specifically granted for the purpose on 5.7.2010.

Rather than to keep the writ petition

pending, let the petitioner represent before the
2

authorities in light of the statutory provisions on

which he proposes to rely when the representation

may be considered and disposed off by a reasoned

and speaking order within a maximum period of

three months from the date of receipt/production of

a copy of this order.

The writ application stands disposed.

P. Kumar                                    ( Navin Sinha, J.)