Deepak Kumar v. The Secretary, Bihar Vidhan Sabha And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1600 of 2018 In Civil Writ Jurisdiction Case No.2507 of 2017 ====================================================== Deepak Kumar Son of Late Krishna Murari Prasad Gupta Resident of Nariyalghat, Takiyapur, Post Office - Digha, P.S. - Danapur, District - Patna. ... ... Appellant/s
Versus
1.
The Secretary, Bihar Vidhan Sabha 2.
The Deputy Secretary, Audio and Visual, Bihar Vidhan Sabha, Patna. 3.
The Under Secretary, Audio and Visual, Bihar Vidhan Sabha, Patna. 4.
The Managing Director, Bihar State Electronics Development Corporation Ltd. Beltron Bhawan, Shastri ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Kamlesh Kishore For the B.V.S. : Mr. Chandra Mauli Chaurasia For the Respondent/s :
Mr.Girijish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA and HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) Date : 20-01-2020 Heard the parties on I.A. No. 1 of 2019 which has been filed under Section 5 of the Limitation Act for condonation of delay of 59 days in filing this appeal.
Learned counsel appearing for appellant submits that appellant was not aware about the impugned order and when he came to know about the impugned order, he immediately preferred this appeal and, therefore, the delay in filing this appeal is neither intentional nor deliberate.
Patna High Court L.P.A No.1600 of 2018 dt.20-01-2020 2/2 Learned counsel appearing for respondents refutes the aforesaid submission pointing out that the present appeal does not have any merit because admittedly, the appointment of the appellant was made on contract and before expiry of ten days of his contract period, the termination letter was handed over to him. He further submits that admittedly, the period of contract has already been expired.
Considering the facts and circumstances as well as submissions of the parties, it would be worthless to condone the delay in filing this appeal. Even if the delay in filing this appeal is condoned, then also, this appeal does not have any merit and, accordingly, this appeal stands dismissed being time bound. (Hemant Kumar Srivastava, J) ( Prabhat Kumar Singh, J) vinita/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.01.2020 Transmission Date