Patna High CourtCWJC/16254/2016dismissed

Ashok Kumar Jha v. The State Of Bihar And ORS

2017-12-19Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16254 of 2016 ======================================================

1. Ashok Kumar Jha Son of Late Shambhunath Jha Resident of VillageKharahara, P.S.- Barahat, District- Banka at present working as Head Clerk & posted at Design Division No.-1, Department of Water Resources, Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Water Resources, Sichai Bhawan, Old Secretariat Compound, Bihar, Patna.

2. The Secretary, Finance Department, Old Secretariat, Bihar, Patna.

3. The Joint Secretary to the Government, Finance Department, Old Secretariat, Bihar, Patna.

4. The Chief Engineer, Department of Water Resources, (Barari) Bhagalpur.

5. The Superintending Engineer, Design Circle, Department of Water Resources, Bhagalpur.

6. The Executive Engineer, Design Division No.-1, Department of Water Resources, Bhagalpur.

7. The District Accounts Officer, Bhagalpur.

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

For the Petitioner/s : Mr. Kalika Nand Jha, Adv. For the Respondent/s : Mr. Harish Kumar- GP8 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 19-12-2017 Heard Mr. Kalika Nand Jha, learned counsel for the petitioner and Mr. Harish Kumar, G.P.8 for the State. The petitioner has slept over his rights to question the order bearing Memo No.399 dated 09.08.1995 whereby a time bound promotion earlier granted was cancelled for not passing the accounts examination.

Although Mr. Jha proceeds to argue on the issue of discrimination as also that in similar circumstances others have

Patna High Court CWJC No.16254 of 2016 (2) dt.19-12-2017 2/2 received this benefit but considering that the petitioner has awoken from slumber after 22 years even if he has been moving departmentally, this Court is not persuaded to consider the grievance after such long lapse of more than 2 decades and the writ petition is dismissed on grounds of gross laches and unexplained delay.

Bibhash/- (Jyoti Saran, J) U