The State Of Bihar v. Brajendranandan Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.235 of 2020 In Civil Writ Jurisdiction Case No.11311 of 2016 ====================================================== 1.

The State of Bihar through the Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna. 2.

The Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna.

3.

The Engineer-in-chief-cum-Special Secretary, Public Health Engineering Department, Government of Bihar, Patna.

4.

That Chief Engineer (Mechanical), Public Health Engineering Department, Government of Bihar, Patna.

5.

The Zonal Chief Engineer, Purnea Zone, PHE Department, Bihar, Patna. 6.

The Superintending Engineer, Public Health Engineering Circle, Saharsa. 7.

The Executive Engineer, PH Division, Patna East, Patna. 8.

The Executive Engineer, Public Health Engineer Division, Supaul. 9.

The Executive Engineer, Public Health Engineer Division, Saharsa. 10.

The Sub-Divisional officer, Public Health Sub-Division, Barh, Patna. ... ... Appellant/s

Versus

1.

Brajendranandan Singh Son of Sri Raghabendra Narayan Singh, Resident of Village and P.O. Panchgachhia, P.S. Bihra, District- Saharsa. 2.

The District Accounts officer, Saharsa.

3.

The Treasury Officer, Saharsa.

4.

The District Accounts Officer , Supaul.

5.

The Treasury Officer, Supaul.

6.

The Accountant General (A and E), Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. S. Raza Ahmad, A.A.G. 5 Mr.Vishwambhar Prasad (AC To AAG 5) Mr. Alok Ranjan, (AC to AAG 5) For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

2/7 (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) 04-09-2021 Re: I.A. No. 1 of 2020 The instant Interlocutory Application has been filed for condonation of delay of 3 years and 1 day in filing the present appeal.

Without application of mind, in a stereo type manner, the application has been prepared, bereft of material facts and particulars, explaining each day's delay.

Relevant portions of the application are reproduced as under:-

3/7

4/7

5/7

6/7 of official decision and not due to deliberate or wilful latches on the part of the appellants and such delay is

7/7 fit to be condoned."

As such, we do not find any reason, sufficient enough to condone the delay, for each day's delay has not been explained, much less sufficiently explained by the appellants. The delay of 3 years and 1 day in filing the appeal remains unexplained.

As such, Interlocutory Application No. 1 of 2020 stands dismissed.

Re: L.P.A. No. 235 of 2020 Appellants lay challenge to the impugned judgment dated 23.02.2017 passed by a learned Single Judge of this Court in CWJC No. 11311 of 2016, titled as Brajendranandan Singh Vs. The State of Bihar & Ors., and analogous cases. In view of dismissal of the Interlocutory Application No. 1 of 2020, the instant Letters Patent Appeal also stands dismissed.

Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/- U