Patna High CourtL.P.A/84/2018dismissed

The State Of Bihar And ORS v. Binod Kumar Raut

2018-04-25Mr. Justice Rajeev Ranjan Prasad,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.84 of 2018 In Civil Writ Jurisdiction Case No.3034 of 2016 ======================================================

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

2. The Principal Secretary, Department, of Home, Bihar, Patna.

3. The Principal Secretary, Department of Finance, Bihar, Patna

4. The Joint Secretary, Department of Finance, Bihar, Patna.

5. The Director General of Police Bihar, Patna.

6. The Under Secretary, Department of Home, Bihar, Patna.

7. The Senior Superintendent of Police, Patna, Bihar.

8. Bihar School Examination Board through its Secretary ... ... Appellant/s

Versus

Binod Kumar Raut Son of Late Rameshwar Raut, Resident of MohallaJainagar, P.O.-Jainagar, P.S.-Jainagar, Thana Road, District-Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

For the Respondent/s :

Mr. P.K. Sahi, Sr. Advocate Mr. Kunal Tiwary, Advocate Mr. Aniket Singh, Advocate Mr. Anupam Raj, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 25-04-2018 Delay of 180 days in filing of the appeal stands condoned. I.A. No. 1957 of 2018 stands allowed and disposed of.

Keeping in view the reasoned order passed by the learned Writ Court where justification is available for correcting the date of birth of the petitioner, we see no reason to make any indulgence into the matter.

Patna High Court LPA No.84 of 2018 dt.25-04-2018 2/2 That apart, the limitation of 10 years provided under Rule 96 of the Bihar Financial Rules in this case has to be read in conformity with the decision of the Board to grant correction in the date of birth and if the period of 10 years is calculated from the date the correction was ordered, the order passed by the learned Writ Court does not call for any interference.

The appeal filed by the State Government stands rejected.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) P.K.P./- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 28.04.2018 Transmission Date