IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.523 of 2008
THE STATE OF BIHAR & ORS
Versus
SANT LAL CHAUDHARY & ORS
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For the appellant : Mr. Rajesh Kumar Singh
JC to AAG 2
—
PRESENT
Hon’ble the Chief Justice
And
Hon’ble Mr. Justice Kishore K. Mandal
—
Dated, the 15th July, 2008
The appeal suffers from delay of 192 days and for
that limitation petition (IA No.4057 of 2008) has been made.
Even if we condone the delay for the reasons set out in the
application, we find that on merits, it does not deserve to be
admitted.
2. It is not in dispute that earlier the petitioner
(respondent no.1 herein) had challenged the order of suspension
dated 18.10.2006 and the departmental proceedings by filing the
writ petition being CWJC. No.7679 of 2007. The said writ
petition came to be disposed of by this court on 31 st July, 2007,
whereby the departmental proceedings were stayed for one year
and observations were made to conclude the criminal trial as
early as possible. It was further observed that in case the criminal
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proceedings were not concluded within one year, the
respondents could proceed with the departmental proceedings
and conclude it in accordance with law.
3. It appears that the criminal proceedings have not
been concluded by this time. However, a fresh order of
suspension came to be issued on 4.10.2007. This led to the
petitioner again approaching this court by means of writ petition
being CWJC. No.15006 of 2007.
4. By order dated 27.11.2007 the single judge has
quashed the suspension order dated 4.10.2007 and authorities
have been directed to re-consider the matter in the light of the
order dated 31st July, 2077.
5. The order dated 27.11.2007 cannot be faulted as
apparently the order of suspension dated 4.10.2007 is in breach
of the earlier order passed by this court on 31.7.2007. The single
judge cannot be said to have erred in quashing the order dated
4.10.2007. While quashing the order dated 4.10.2007, the single
judge has directed the appellants to pass a fresh order in the light
of the earlier order dated 31.7.2007. Thus, it is open to the
appellants to proceed in accordance with law in the light of the
order dated 27.11.2007.
6. Letters patent appeal is, accordingly, dismissed.
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7. This disposes of IA No.4057 of 2008 as well.
R.M. Lodha, CJ.
Kishore K. Mandal, J.
Neyaz/
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