Md. Ashraf Khan v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2629 of 2018 In Civil Writ Jurisdiction Case No.8034 of 2017 ====================================================== Md. Ashraf Khan Son of Late Abdul Monaf Khan, Scientist D, Employee Code 1219, National Informatics Centre, Patna District Unit, Bihar, Presently residing at Flat No.- 302, Yash Rhythm Parge Nagar, Kondhwa, P.S.- Kondhwa, District- Pune, Maharashtra.

... ... Petitioner

Versus

1. The Union of India through Secretary, Ministry of Communication & Information Technology, Govt. of India, New Delhi.

2. The Director General, National Informatics Centre, NIC, Head Quarter, Department of Electronics & Information Technology, a block, CGO Complex, Lodhi Road, New Delhi.

3. The Deputy Director (Personnel), Office of the Director General, National Informatics Centre, N.I.C. Headquarter, A-Block, C.G.O. Complex, Lodhi Road, New Delhi-110003.

4. The Joint Director, Administration Section, National Informatics Centre, N.I.C. Headquarter, A- Block, C.G.O. Complex, Lodhi Road, New Delhi110003.

5. The Joint Director (Vigilance), National Informatics Centre, N.I.C. Head Quarter, A- Block, C.G.O. Complex, Lodhi Road, New Delhi-110003

6. The State Inormatics Officer and H.O., National Informatics Centre, Bihar State Unit, 3rd Floor, Technology Bhawan, Bailey Road, Patna. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Upendra Pratap Singh, Advocate For the UOI :

Dr. Punam Kumari Singh, CGC ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 13-02-2019 Heard Sri Upendra Pratap Singh, learned counsel for the applicant and learned counsel representing the Union of India.

There is a delay in filing of the application for restoration. We have considered the explanation afforded and we

Patna High Court MJC No.2629 of 2018(3) dt.13-02-2019 2/2 find sufficient cause to condone the delay.

The delay is accordingly condoned.

This application for restoration has been filed explaining the circumstances in which the earlier counsel who had been engaged passed away and consequently in the absence of any appropriate information, the case could not be attended to. Whereafter the subsequent counsel was engaged and restoration was filed. We find this to be a sufficient cause to seek restoration. We accordingly allow this application and we recall the order dated 31.08.2017 passed in C.W.J.C. No. 8034 of 2017 and restore the writ petition to its original number. Application is allowed.

(Amreshwar Pratap Sahi, CJ) ( Rajeev Ranjan Prasad, J) avin/-vedU