IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.439 of 2010
In
Civil Review No. 192 of 2008
In
CWJC No. 12702 of 2007.
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1. The State of Bihar through Commissioner & Secretary, Human
Resources Development Deptt. Vikas Bhavan, Patna
2. Commissioner and Secretary, Human Resources Development
Deptt., Vikas Bhawan, Patna
3. Director, Primary Education, Bihar Human Resources
Development Deptt., Vikas Bhavan, Patna
4. District Superintendent of Education, Jamui
5. District Provident Fund Officer, Jamui
....... Respondents/Review Petitioners/Appellants
Versus
1. Madan Mohan Singh, S/o Late Hansraj Singh, R/o Vill.- Basaiya,
P.O.- Mahadeo Sumana, P.S.- Sikandara, Distt.- Jamui
.......... Petitioner/Opposite 1st Party/Respondent 1st party
2. Accountant General, Bihar, Bir Chand Patel Path, Patna
........... Respondent/Opposite 2nd Party/Respondent 2nd Party.
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Appearance:
For the appellants: Mr Dhirendra Jha, Advocate.
For the respondents:
Mr A.K. Choudhary,
Mr P.K. Verma and
Mr Prakash Kumar, Advocates.
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CORAM: HONOURABLE THE CHIEF JUSTICE
AND
HONOURABLE MR JUSTICE JYOTI SARAN
ORAL ORDER
(Per : HONOURABLE THE CHIEF JUSTICE)
4. 24.08.2010. This Appeal under Clause 10 of the Letters
Patent is preferred by the State of Bihar against the
judgment and order dated 19.02.2009 passed by the
2
learned single Judge in Civil Review No. 192 of 2008 after
a considerable delay of 340 days.
As to the delay, we find no cause much less a
sufficient cause for such delay. On merits also we are
satisfied that the matter does not need consideration for
what the State of Bihar intends to do is to enquire about
the genuineness of the original certificate of the
respondent-writ petitioner which enquiry is pending since
1993. In the meantime the writ petitioner has retired from
service in the year 2006 and is now waiting for remittance
of his retrial dues.
We see no justification for the State
Government to have delayed the enquiry for 17 years. No
ends of justice would be met by allowing the State to make
such enquiry now after 17 years and four years after the
writ petitioner has retired from service.
No case for interference is made out.
Limitation Application (I.A. No. 2378 of 2010),
Letters Patent Appeal and Stay Petition (I.A. No. 2379 of
2010) stand disposed of.
( R. M. Doshit, CJ)
( Jyoti Saran, J)
Dilip