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Patna High CourtL.P.A/1041/2016dismissed

Sita Ram Das v. The State Of Bihar And ANR

2017-06-23The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1041 of 2016 ====================================================== Sita Ram Das Son of late Hemchandra Das of Village- Kukheriya , P.O. Koyli, Khutha, P.S Jagdishpur, Distt Bhagalpur. .... .... Appellant/s

Versus

1. The State of Bihar through the Chief Secretary Government of Bihar, Patna.

2. The D.G. of Police cum I.G. of Police Bihar Patna .... .... Respondent/s ====================================================== Appearance :

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

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 23-06-2017 The delay in filing the present Letters Patent Appeal is condoned.

I.A. No. 3988 of 2016 stands disposed of.

The petitioner's claim for grant of promotion after superannuation in the year 1995 has been rejected by the writ Court by holding that after superannuation in the year 1995 the claim for promotion made in the year 2008 is unsustainable. Having gone through the records, we find that merely because the criminal case was pending and the petitioner was acquitted in the criminal case much after his retirement in 2000, the writ petition filed after eight years was not maintainable and in

Patna High Court LPA No.1041 of 2016 (2) dt.23-06-2017 2/2 rejecting the writ petition on such consideration, the writ Court has committed no error.

The appeal is thus, dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) U S.Pandey/-