Ashok Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11077 of 2013 ======================================================
1. Ashok Kumar Son Of Late Bimal Prasad Singh Resident Of Village - Chainpur, P.O. And P.S. - Goraul, District - Vaishali .... .... Petitioner/s
Versus
1. The State Of Bihar
2. The District Magistrate, Vaishali At Hajipur
3. The District Panchayat Raj Officer, Vaishali At Hajipur
4. The Block Development Officer, Hajipur, District - Vaishali .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mahendra Thakur, Advocate. For the State : Mr. Rakesh Ambastha, AC to AAG 7. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.
In the present writ petition, petitioner is seeking relief for arrears of salary from 27.6.190 to 6.1.1993 and 22.11.1993 to 16.8.1996.
It appears that petitioner was appointed as Panchayat Secretary and he was put under suspension vide memo no. 357 dated 27.6.1990 for having committed misconduct. The suspension of the petitioner was revoked vide memo no.6 dated 6.1.1993. Memo of charge has not been brought on record for consideration of this Court.
Again he was put under suspension by the respondent
Patna High Court CWJC No.11077 of 2013 (3) dt.09-09-2016 authority vide memo no. 793 dated 12.11.1993 and the same was revoked vide memo no. 543 dated 16.8.1996. It has been submitted that though the proceeding was initiated but the prosecution failed to bring the charges. As per claim of the petitioner he has not been paid his salary. He filed representation on 21.2.2012 giving explanation of delay that his wife was suffering from chronic disease and there is paucity of fund. Petitioner has again filed representation on 11.3.2013.
Learned counsel for the State submits that the claim suffers from delay and laches as the petition has been filed after long delay.
State is right. Claim suffers from delay and laches. In such circumstances, this Court does not find any merit in this writ petition. Accordingly the same is dismissed. (Shivaji Pandey, J) Vinay/- U