Patna High CourtCWJC/10048/2009dismissed

Madan Prasad v. The State Of Bihar And ORS

2017-03-30Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10048 of 2009 ====================================================== Madan Prasad , son of Hira Prasad, resident of Mohalla- Sherganj, P.O. & P.S. Sasaram, District- Rohtas .... .... Petitioner

Versus

1. The State of Bihar

2. The Secretary-cum-Commissioner, Department of Rural Development, Govt. of Bihar, Patna

3. The Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad Rohtas at Sasaram

4. The Director, Panchayat Raj, Bihar .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Shankar Sahay Mr. Vijay Kumar Singh I For the Respondent/s : Mr. AC to SC-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 30-03-2017 Heard Sri Ravi Shankar Sahay, learned counsel for the petitioner and learned AC to SC-26.

The present writ petition was filed in the month of August, 2009 with a prayer to quash an order, which was passed long back on 01.11.1990, whereby two increments of the petitioner was directed to be withheld and his suspension was revoked and it was directed that save and except subsistence allowance, the petitioner was not entitled to get anything during his suspension period.

At the very outset, learned AC to SC-26 raises preliminary objection on the point that the writ petition is fit to be

Patna High Court CWJC No.10048 of 2009 (5) dt.30-03-2017 2/2 rejected on the ground of limitation itself.. He further submits that even the fact disclosed in the counter affidavit, which was filed on behalf of Respondent no.3, is sufficient for dismissal of the present writ petition.

Considering the nature of punishment as well as the fact that the order impugned was passed long back in the year 1990 and the present writ petition was filed almost after 18 years, there is no reason to examine the matter. The writ petition stands dismissed.

(Rakesh Kumar, J) NKS/- U