Patna High CourtC. REV./265/2014dismissed

Ganesh Ram @ Gyaneshwar Das v. The State Of Bihar And ORS

2016-12-07Mr. Justice Kishore K. Mandal,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.265 of 2014 Arising out of Letters Patent Appeal No. 766 of 2008 =========================================================== Ganesh Ram @ Gyaneshwar Das, Son of Late Tilu Ram, Resident of village + P.O.- Dimaha, P.S.- Gopalpur, District- Bhagalpur. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Director General of Military Police, Bihar, Patna.

3. The Inspector General of Military Police, Bihar, Patna.

4. The Dy. Inspector General of Police, Military Police, North Zone, Muzaffarpur.

5. The Commandant, Bihar Military Police-16, Phulwarisarif, Patna. .... .... Respondent/s =========================================================== Appearance:

For the Petitioner/s : None.

For the Respondent/s : Mr. Priyadarshi Matri Sharan, AC to AAG-15. =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 07-12-2016 The present application is to seek review of the order passed by the Division Bench of this Court on 30.09.2008 when the Letters Patent Appeal was dismissed on account of delay of 8 years and 291 days.

The writ applicant is a constable whose services were dismissed after conduct of regular enquiry. The challenge to the said order of dismissal remained unsuccessful by the learned Single Bench vide its order dated 05th of July, 1999. The application for condonation of delay was

Patna High Court C. REV. No.265 of 2014 dt.07-12-2016 2/2 dismissed by the Division Bench of this Court on 30th of September, 2008 and thereafter, an application for restoration of the aforesaid appeal was considered by the Division Bench of this Court on 23.09.2014. The request for condonation of delay was again declined vide order dated 12th January, 2015.

Once the appeal was restored and matter of condonation of delay was considered afresh, we do not find that the order dated 30.09.2008 survives.

Consequently, the review application is dismissed. (Hemant Gupta, ACJ) (Kishore Kumar Mandal, J) Mishra AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 09.12.2016 Transmission Date