Patna High CourtCWJC/10205/2014dismissed

Rajiv Kumar Thakur v. The State Of Bihar And ORS

2017-11-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10205 of 2014 ======================================================

1. Rajiv Kumar Thakur, Son of Late Devendra Nath Thakur, a resident of village- Amba Goida, P.O.- Ramchua, P.S.- Shambhuganj, District- Banka .... .... Petitioner/s

Versus

1. The State of Bihar through Director, Statistics and Evaluation Department, Govt. of Bihar, Patna

2. Director, Statistics, Bihar, Patna

3. District Collector, Madhepura

4. District Statistics Officer, Madhepura .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Mukund For the Respondent/s : Mr. GA1- Shyam Kishore Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-11-2017 Heard both sides.

The petitioner has filed this writ petition for quashing the order dated 24.11.2001, as contained in memo No. 2652, whereby the petitioner has been dismissed from service. The learned counsel for the petitioner submits that petitioner proceeded on leave on 03.10.2000 for four days but he suffered from mental stroke and he was admitted in a Government hospital. The petitioner was diagnosed to be suffering from depressive manic psychosis. The petitioner continued to inform and apprise the authorities about his illness and also for extension of his leave but he was dismissed from service vide order dated 24.11.2001. It is further submitted that when the petitioner fully recovered from his mental ailment he went to join but the petitioner was informed after five years that he was dismissed from service.

It appears from the averments made in the writ

Patna High Court CWJC No.10205 of 2014 (2) dt.21-11-2017 2/2 petition that petitioner has not stated that when he went to join. The order of dismissal was passed on 24.11.2001 but this writ petition was filed on 23.06.2014, i.e., only after about 13 years. On the ground of delay and laches, I do not intend to interfere in the order of dismissal. Accordingly, this writ petition is dismissed.

(Prabhat Kumar Jha, J) BKS/- U