Sanjay Kumar Singh v. The State Of Bihar Through The Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1557 of 2021 ====================================================== Sanjay Kumar Singh Son of Shri Ganesh Prasad Singh, Resident of VillageKheriya, P.O. A.G. Bazar, P.S. Kersela, District-Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Director General of Police, Bihar, Patna. 3.

The Inspector General of Police, Mithila Range, Darbhanga. 4.

The Superintendent of Police, Samastipur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar Singh For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL ORDER 24-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of Covid-19 pandemic. In the instant petition, petitioner has prayed for the following relief;- " For issuance of appropriate writ, order or direction to set aside the order of S.P, Samastipur dated 21.11.12 ( Annexure) by which punishment of withholding of increment for six months was inflicted to the petitioner which is equivalent to one black mark and salary from

Patna High Court CWJC No.1557 of 2021(2) dt.24-01-2022 2/3 16.04.12 to 17.06.12 was forfeited on the principle of " No work No pay"

and was adjusted as extraordinary leave and order of I.G of Police, Mithila Range, Darbhanga dated 07.10.2020 ( Annexure) by which appeal of the petitioner was not entertained on the ground of filing appeal after more than 7 years from the date of punishment and for grant of all consequential benefits Petitioner was subjected to Disciplinary proceeding and it was concluded in imposition of penalty of withholding of increment for six months on 21.11.2012. Petitioner has statutory remedy of appeal and it was invoked in the year 2019. the Appellate Authority rejected the petitioner's memorandum of appeal against the order dated 21.11.2012 on the ground of delay of seven years in presenting the appeal. The learned counsel for the petitioner could not apprise this Court as to how to over come the delay of seven years so as to issue direction to the Appellate Authority to examine the condonation of delay and to pass order on merit. Thus the petitioner has nor made out

Patna High Court CWJC No.1557 of 2021(2) dt.24-01-2022 3/3 a case so as to interfere with the order of the Appellate Authority dated 7.10.2020.

Accordingly, this petition stands dismissed.

(P. B. Bajanthri, J) N.K/- U