Patna High CourtL.P.A/1524/2015rejected

Dr. Iqbal Ahmad v. The State Of Bihar And ORS

2017-01-12Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1524 of 2015 In Civil Writ Jurisdiction Case No. 1124 of 2011 ====================================================== Dr. Iqbal Ahmad S/o Late Motiur Rahman, R/o- Urdu Bazar, P.S.- Laheria Sarai, District- Darbhanga .... .... Appellant

Versus

1. The State of Bihar

2. Principal Secretary, Health Medical Education and Family Welfare, Bihar, Patna

3. The Joint Secretary, Health Medical Education and Family Welfare, Bihar, Patna

4. The Director-in-Chief, Health Medical Education and Family Welfare, Bihar, Patna

5. The Civil Surgeon-cum-Chief Medical Officer, Darbhanga at Laheria Sarai

6. The Commissioner of Departmental Enquiries, Government of Bihar, Patna

7. The Deputy Secretary, Health Medical Education and Family Welfare, Bihar, Patna .... .... Respondents ====================================================== Appearance :

For the Appellant :

Ms. Manisha Singh, Advocate For the Respondents :

====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 12-01-2017 There is a delay of 1354 days in filing the appeal against the order dated 01.08.2011 passed in C.W.J.C. No. 1124 of 2011. The explanation offered are omissions on the part of the office of the lawyer to pursue the matter diligently. Coupled with the said fact, it is also evident from the reading of the impugned order in appeal that even the appellant, who was petitioner in the Court below, has been moving the

Patna High Court LPA No.1524 of 2015 (2) dt.12-01-2017 2/2 Court according to his own convenience and not with due diligence. An order of punishment dated 24.11.2004 imposing punishment of censure was challenged in the writ application of 2011 and after passing of the order in 2011, the appeal has come to be filed on 19.08.2015.

The facts being what they are, the Court is not interested to condone the delay.

Limitation is rejected so is the appeal.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Pawan/- U