Deepak Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1745 of 2017 In Civil Writ Jurisdiction Case No. 3067 of 2016 With Interlocutory Application No. 9060 of 2017.

====================================================== Deepak Kumar, Son of Late Awadhesh Ram, Resident of VillageSukahara, P.S.- Nashriganj, District- Rohtas. .... .... Appellant

Versus

1. The State of Bihar through Principal Secretary Department of Home Govt. of Bihar, Patna.

2. The Secretary, Department of Home Govt. of Bihar, Patna. 3.

The Chairman, District Compassionate Committee-cum-District Magistrate, Rohtas.

4. The S.D.P.O., Bikaramganj, Rohtas.

5. The Officer in Charge Nashriganj, Rohtas.

.... .... Respondent/s ====================================================== Appearance:

For the Appellant/s : Mr. Pratap Sharma, Advocate. For the Respondent/s : Mr. P.K.Verma, AAG 3. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 12-02-2018 Heard learned counsel for the appellant and learned counsel for the respondents.

Apart from the fact that there is a more than 102 days' delay in filing of this appeal under Clause 10 of the Letters Patent, the learned Writ Court found that in the matter of appointment on compassionate ground which was rejected by the District Compassionate Appointment Committee on 09.04.2013 the Writ Petition filed after almost three years could not be entertained and the Writ Petition has been dismissed on account of unexplained

Patna High Court LPA No.1745 of 2017 (3) dt.12-02-2018 2/2 delay in challenging the order refusing appointment on compassionate ground.

Taking note of the totality of the circumstances we see no error in the impugned order warranting reconsideration. The appeal stands dismissed.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) Dilip, AR U