Subhash Chandra Mishra v. Raja Deepak Kumar Mishra And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.235 of 2016 Arising out of Civil Writ Jurisdiction Case No. 7691 of 2015 =========================================================== Subhash Chandra Mishra Son of late Gauri Shankar Mishra Resident of Village - Mau, P.S.- Vidhya Patti Nagar, District - Samastipur. .... .... Appellant/s

Versus

1. Raja Deepak Kumar Mishra Son of late Rama Nand Mishra R/O Village - Mau, P.S.- Vidhaya Pati Nagar, District - Samastipur.

2. The Ragistrar General, the High Court of Judicatrue at Patna.

3. The District Judge, Civil Court, Begusarai.

4. Inspecting Judge, Civil Court, Begusarai.

5. The Enquiry Officer-Cum-A.D.J.I. Civil Court, Begusarai. .... .... Respondent/s =========================================================== Appearance:

For the Appellant/s : Mr. Vinod Kanth, Senior Advocate. Ms. Sushmita Mishra, Advocate.

For the Resp Nos. 2 to 5 : Mr. Satyabir Bharti, Advocate. =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 02-02-2017 Re.: I.A. No. 929 of 2016 This application is for condonation of delay of 18 days in filing the Letters Patent Appeal.

For the reasons mentioned in the Interlocutory application, we are satisfied that the appellant has shown sufficient cause to seek condonation of delay in filing the present Letters Patent Appeal.

Consequently, Interlocutory Application is allowed and delay in filing the Letters Patent Appeal is condoned. Re.: L.P.A. No. 235 of 2016 The present appeal is by one of the respondents on

Patna High Court LPA No.235 of 2016 dt.02-02-2017 2/2 whose complaint, disciplinary proceeding initiated against the writ applicant stands set aside vide the order impugned in the present appeal.

Learned counsel for the appellant points out that there are adverse comments not only against the appellant, but also against some of the Hon'ble Judges of the Court.

We do not wish to examine as to whether such comments were justified or not. Suffice it to say that all the comments recorded in the order shall not be used against any person in any proceedings as the same were recorded for the purpose of deciding the said writ application.

However, the complaint against the writ applicant shall be examined by the learned District Judge on its own facts without influenced with any of the comments in the order passed. With this observation, the present Letters Patent Appeal stands disposed of.

(Hemant Gupta, ACJ) (Sudhir Singh, J) AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 08.02.2017 Transmission Date Mishra/-