Patna High CourtL.P.A/986/2016dismissed

Ashok Kumar Singh v. The State Of Bihar And ORS

2017-03-07Mr. Justice Sudhir Singh,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.986 of 2016 =========================================================== Ashok Kumar Singh, Son of Late Rajendra Singh, resident of Village-Laxmipur, P.S.-Kaluahi, Via-Khajauli, District-Madhubani. .... .... Appellant/s

Versus

1. The State of Bihar.

2. The Deputy Devlopment Commissienr, Madhubani cum Appellate Authority, Madhubani.

3. The District Teacher Appointment Appellate Tribunal, Madhubani.

4. The District Programme Officer, Madhubani.

5. The Block Educaiton Extension Officer, Rahika, P.S.-Rahika, DistrictMadhubani.

6. Rajesh Kumar Jha, Son of Devendra Jha, presently posted and working as Prakhand Physical Teacher, at Primary School Shankarpur, P.S.-Rahika, District-Madhubani.

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

For the Appellant/s : Mr. Shailendra Kumar Jha, Advocate. For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 07-03-2017 The order dated 30.03.2016 is the subject matter of challenge whereby, the writ application filed by the appellant for appointment to the post of Block Teacher was not interfered with as the selection process was completed in the year 2007. The appellant challenged the selection of respondent no.7 in an appeal which was dismissed on 25.03.2011 on the ground that the appeal was required to be filed within 30 days, but it was filed after more than three years, therefore it is time barred. We do not find any error in the order passed by the

Patna High Court LPA No.986 of 2016 dt.07-03-2017 2/2 learned Single Bench, when the writ application was dismissed maintaining the order passed by the Appellate Authority for the reason that the appellant has invoked the jurisdiction of the Appellate Authority after gross delay and laches.

We do not find any error in the order passed by the learned Single Bench which may warrant interference in the present intra court appeal, as the period of filing an appeal is 30 days before the Appellate Authority, but the same was filed more than three years later. Consequently, the present Letters Patent Appeal is dismissed. (Hemant Gupta, ACJ) (Sudhir Singh, J) Mishra AFR/NAFR N.A.F.R.

CAV DATE N.A.

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