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Patna High CourtL.P.A/238/2017dismissed

Vikrama Singh v. The State Of Bihar And ORS

2018-01-15The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.238 of 2017 In Civil Writ Jurisdiction Case No. 16197 of 2012 ====================================================== Vikrama Singh, S/o Late Hira Ram, Resident of Village- Aruhi, P.O.- Panjar, P.S.- Kargarhar, District- Rohtash (Sasaram). .... .... Appellant

Versus

1. The State of Bihar.

2. The Chief Electrical Engineer Energy, Department Bihar State Electricity Board, Patna.

3. The Superintending Engineer Electrical Bihar, Patna Electrical Work Circle, Patna.

.... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Shivpujan Sahay, Advocate For the Respondent/s : Mr. Yogendra Prasad Sinha, AAG-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 15-01-2018 Delay of 1586 days in filing of the appeal is condoned. I.A. No.2235 of 2017 is allowed and disposed of. The petitioner was granted compassionate appointment. He did not join within the stipulated time. Added to that, committed acts of commission and omission. He was suspended and thereafter his services terminated in the year 2002. He slept over the matter for more than nine years and filed the writ petition in the year 2012. The learned Writ Court after evaluating all these facts, found that no indulgence into the

Patna High Court LPA No.238 of 2017 (4) dt.15-01-2018 2/2 matter is called for. Apart from that aforesaid, there is an unexplained inordinate delay of 1586 days in filing of this appeal. Keeping in view the conduct of the appellant when he has slept over the matter at every stage right from the date of appointment till filing of this appeal, we are of the considered view that no indulgence into the matter is called for. The appeal is, accordingly, dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) K.C.jha/- U