Vijay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12367 of 2014 =========================================================== Vijay Kumar, S/o Late Ram Nandan Das, Resident of Mohalla- Jalgovind Chowk, Police Station- Barh, District Patna.

.... .... Petitioner

Versus

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

2. The Principal Secretary, Law Department, Government of Bihar, Patna.

3. The District and Sessions Judge, Patna, District Patna.

4. The Registrar, Civil Court, Patna.

5. The Additional Sessions Judge-I, Barh-cum-Enquiry Officer, District Patna. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate Mr. Pushpendra Kumar Singh, Advocate For the Respondent/s : Mr. Ashok Kumar Keshri, AAG-11 Mr. Ujjwal Kumar Sinha, AC to AAG-11 For respondent Nos. 3 to 5: Mr. Satyabir Bharti, Advocate : Ms. A Arun, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL JUDGMENT Date: 04-05-2016 Heard learned counsel for the petitioner and the respondents.

The petitioner is aggrieved by order of termination, dated 12.05.2014, passed by the learned District and Sessions Judge, Patna.

The relief of the petitioner is founded on the premises that for allegation of theft of money, a criminal case was instituted in which judgment of acquittal was recorded.

Counsel for the High Court submits that it was not a plain acquittal, rather the petitioner was acquitted by giving him

Patna High Court CWJC No.12367 of 2014 dt.04-05-2016 2/2 benefit of doubt.

This Court at present would not go into merit of the issue, as there is an alternative remedy of appeal. In case, an appeal is filed, the condonation of delay in filing the same would be sympathetically considered, as the petitioner was pursuing his remedy before this Court under Article 226 of the Constitution of India. As the matter is old one, in case, if an appeal is filed, it is expected that the same would be disposed of expeditiously. The writ application stands disposed of.

(Samarendra Pratap Singh, J.) Uday/- U