Raghuvir Lal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.123 of 2014 IN LPA 245 of 2012 =========================================================== Raghuvir Lal S/o Basudeo Ram R/o Vill- Rampur Bhikhampura, P.O.- Karnaul, P.S- Sahebganj, Distt- Muzaffarpur, the then Assistant Office of Regional Chief Engineer, Public Health Engineering, Department, Muzaffarpur Region, Muzaffarpur presently working as Assistant Cabinet Secretariat, Bihar, Patna .... .... Petitioner

Versus

1. The State of Bihar

2. The Principal Secretary, Department of General Administration, Govt. of Bihar, Patna.

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

4. The Member, Revenue Board- Cum- Appellate Authority, Bihar, Patna.

5. The Additional Secretary, Department of General Administration, Govt. of Bihar, Patna.

6. The Additional Secretary, Department of Public Health and Engineering, Bihar, Patna.

7. The Deputy Secretary, Department of General Administration, Bihar, Patna. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Respondent/s : Mr. Dhurjati Kr Prasad =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH) Date: 01-11-2017 This review application has been filed for review of the order dated 14.03.2014 passed by the Division Bench in LPA

Patna High Court C. REV. No.123 of 2014 dt.01-11-2017 2/3 No. 245 of 2012 whereby intra court appeal preferred by the petitioner against the judgment of the learned Single Judge dated 24.11.2011 passed in CWJC No. 18217 of 2011 has been dismissed.

2.

The petitioner was held guilty in a disciplinary proceeding and the disciplinary authority imposed punishment of withholding two increments with cumulative effect. The order passed by the disciplinary authority was challenged in appeal and the appellate authority also upheld the order passed by the disciplinary authority. Being aggrieved by the order of the appellate authority, the petitioner preferred a revision before the revisional authority, which too was dismissed. 3.

Thereafter, the petitioner challenged the order passed by the revisional authority before this Court in writ jurisdiction, which was dismissed by the learned Single Judge vide dated 24.11.2011 passed in CWJC No. 18217 of 2011. The aforesaid order dated 24.11.2011 passed by the learned Single Judge was challenged in intra court appeal, which was rejected by the Division Bench vide order dated 14.03.2014.

4.

The petitioner has filed the present review application on the ground that this Court has not assigned any reason while dismissing the letters patent appeal.

Patna High Court C. REV. No.123 of 2014 dt.01-11-2017 3/3 5.

In our considered opinion, the point raised by the petitioner does not come within the ambit of Order 47, Rule 1 of the CPC. We are also of the view that there is concurrent finding of three authorities as also of the learned Single Judge on facts of the case and in that view of the matter, no interference was warranted by this Court in letters patent appeal.

6.

Accordingly, the review application, being devoid of any merit, is dismissed.

(Ashwani Kumar Singh, J.) (Chakradhari Sharan Singh, J.) Kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.11.2017 Transmission Date NA