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Patna High CourtCWJC/15825/2010allowed

Chandra Bhushan Prasad Singh v. The State Of Bihar And ORS

2018-07-18Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15825 of 2010 ====================================================== CHANDRA BHUSHAN PRASAD SINGH S/O LATE TRIBENI PRASAD SINGH R/O LANE NO.2, RAM DAYALU NAGAR, P.O.- RAMNA, P.S.- SADAR, DISTT.- MUZAFFARPUR ... ... Petitioner/s

Versus

1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVERNMENT OF BIHAR, PATNA

2. THE CHIEF SECRETARY GOVERNMENT OF BIHAR, PATNA

3. THE PRINCIPAL SECRETARY WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA

4. THE ADDITIONAL SECRETARY WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA

5. THE DEPUTY SECRETARY WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA

6. THE DEPUTY SECRETARY (VIGILANCE) WATER RESOURCES DEPARTMENT, GOVERNMETN OF BIHAR, PATNA

7. THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA

8. THE SUPERINTENDING ENGINEER, JALPATH ANCHAL, GAYA ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. V.K.Singh Mr. Santosh Kumar For the State :

Mr. Rakesh Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 18-07-2018 Ref.:- I.A. No. 4406 of 2018 The present interlocutory application has been filed seeking to challenge the appellate order dated 12.10.2009 by which the appeal of the petitioner against the impugned order of punishment dated 15.09.2001 has been rejected on the ground that the same has been filed for lapse of nine years. I.A. No. 4406 of 2018 is allowed.

Patna High Court CWJC No.15825 of 2010 dt.18-07-2018 2/3 The prayer made in Paragraph No. 8 of the interlocutory application is directed to be treated as one of the prayer in Paragraph No. 1 of the writ petition.

C.W.J.C No. 15825 of 2010 By way of the present writ petition, the petitioner seeks to challenge the order dated 15.09.2001 and the appellate order dated 12.10.2009 by which the punishment of censure has been inflicted upon the petitioner herein and the appeal of the petitioner has been rejected.

I find from the records, specially, the averment made by the petitioner in Paragraph Nos. 16 to 21 i.e. after the petitioner had retired in the year 2001, he and other similarly situated employees were granted the benefits of A.C.P. in the year 2009, but as far as the petitioner is concerned, he did not get the similar benefit as his colleagues were granted, hence, he enquired into the matter and filed R.T.I. application, whereafter, he was served with the impugned order of punishment dated 15.09.2001 vide letter No. 914 dated 09.09.2009. In view of the aforesaid, it is clear that there was no delay in filing the appeal before the appellate authority, hence, the order dated 12.10.2009, rejecting the appeal on the ground that the same has been filed after nine years, is a mistake of fact,

Patna High Court CWJC No.15825 of 2010 dt.18-07-2018 3/3 hence, the appellate order dated 12.10.2009 is set aside and the appellate authority is directed to re-consider the matter within a period of eight weeks from today.

The writ petition is allowed to the aforesaid extent. (Mohit Kumar Shah, J) ajay gupta/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.07.2018 Transmission Date NA