Vinod Kumar Ojha v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1448 of 2016 In Civil Writ Jurisdiction Case No.976 of 2004 ====================================================== Vinod Kumar Ojha son of Sriniwas Ojha Resident of Village- Bandha, P.O.- Amrai Nawada, P.S.- Bihiya, District- Bhojpur. ... ... Appellant/s
Versus
1. The State of Bihar.
2. The Director General of Police, Bihar, Patna
3. The Inspector General of Police (Personal), Bihar, Patna.
4. The Deputy Inspector General of Police (Communication)-Cum- Chairman, Bihar, Patna.
5. That Additional Inspector General (Personal), Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Sanjay Kumar Mishra, Adv.
For the Respondent/s :
Mr.
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 06-03-2018 Seeking exception to an order dated 2.7.2010 passed by the learned Writ Court in C.W.J.C. No.976 of 2004, this appeal has been filed under Clause 10 of the Letters Patent. Apart from the fact that there is an inordinate unexplained delay of more than 344 days in filing of the appeal, we find from the record that the matter pertains to appointment on the post of Constable which was undertaken in the year 1983. The writ petition was filed more than 12 years after the recruitment process was done and by the time the matter came for consideration on
Patna High Court LPA No.1448 of 2016 dt.06-03-2018 2/2 2.7.2010, the petitioner had crossed the age of 50 years and finding there to be an inordinate unexplained delay in filing of the appeal, the learned Writ Court has refused to exercise its discretionary jurisdiction in the matter and has dismissed the writ petition primarily on the ground of delay and laches.
In doing so, we are of the considered view, the learned Writ Court has committed no error warranting re-consideration. The appeal is, therefore, dismissed.
(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) K.C.Jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 12.03.2018 Transmission Date