Ramchandra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.40 of 2024 In Civil Writ Jurisdiction Case No.7841 of 2023 ====================================================== Ramchandra Paswan Son of Sri Basudeo Paswan Resident of MohallaSaguna More, P.S.- Danapur, District- Patna. ... ... Appellant/s

Versus

1.

The State of Bihar Through the principal secretary, Rural works Department, Govt. of Bihar, Patna.

2.

The Engineer-in-Chief, Rural works Department, Govt. of Bihar, Patna. 3.

The Deputy Secretary, Rural works Department, Govt. of Bihar, Patna. 4.

The Special secretary, Rural works Department, Govt. of Bihar, Patna. 5.

The superintendent Engineer, Rural works Department, Govt. of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Yogesh Chandra Verma, Sr. Adv.

Ms Priyanka Singh, Adv.

For the Respondent/s :

Mr.Ajay (GA-5) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 29-04-2025 Re:- I.A. No. 1 of 2025 The aforenoted interlocutory application has been pressed for condoning the delay of 64 days in filing the appeal.

2.

For the reasons stated in the application, the delay in filing the appeal is condoned.

3.

Interlocutory application no. 1 of 2025 stands

Patna High Court L.P.A No.40 of 2024 dt.29-04-2025 2/3 allowed.

LPA No. 40/2024.

4.

The appellant has challenged the judgment dated 09.10.2023 passed in CWJC No. 7841 of 2023 refusing to interfere with the order of suspension against the appellant.

5.

A perusal of the impugned judgment indicates that the charge memo against the appellant had already been filed by then and the appellant had conceded that he would approach the authorities for enhancement of his subsistence allowance.

6.

The reason for the appellant to prefer this appeal is that for the last three years, he has been under suspension and the proceeding has yet not been taken to any logical conclusion.

7.

The appellant is shortly to superannuate.

8.

However, this fact cannot be a ground for challenging the judgment impugned for the reason that it was passed by the consent of the appellant /writ petitioner, and that at that moment, there was no application pending

Patna High Court L.P.A No.40 of 2024 dt.29-04-2025 3/3 before the authorities for enhancement of his subsistence allowance. We, therefore, are not inclined to interfere with the judgment of the learned Single Judge.

9.

The appeal is dismissed.

10.

However, we do observe that since the appellant has remained under suspension for three years and is shortly to superannuate, the proceedings should be concluded as early as possible. The representation of the appellant, if any, pending consideration should also be disposed off expeditiously.

11.

The Interlocutory Application/s, if any, also stand disposed of.

(Ashutosh Kumar, ACJ) ( Partha Sarthy, J) sunilkumar/- AFR/NAFR CAV DATE Uploading Date 01.05.2025 Transmission Date