Fazal Karim vs The State Of Bihar And Ors
2021 Latest Caselaw 2169 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
              Letters Patent Appeal No. 271 of 2019
                                 In
           Civil Writ Jurisdiction Case No. 1185 of 2019
======================================================

... ... Appellant/s Versus

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

For the Appellant/s : Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Md. Anisur Rahman, Advocate For the Respondent/s : Mr. Anjani Kumar, AAG-4

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ===================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their Patna High Court LPA No. 271 of 2019 dt. 31-05-2021

residences/offices.)

Date : 31-05-2021

The instant Letters Patent Appeal has been

preferred against the judgment dated 21st of January, 2019

passed by a learned Single Judge of this Court in C.W.J.C. No.

1185 of 2019, titled as Fazal Karim Vs. The State of Bihar &

Ors.

2. Having heard Mr. Yogesh Chandra Verma,

learned senior advocate, who seeks reliance upon a decision of

the Hon'ble Apex Court in D.V. Kapur Vs. Union of India,

(1990) 4 SCC 314, we are of the considered view that the

appeal only merits dismissal, inter alia for the following

reasons:-

(a). No infirmity or illegality can be found with the

judgment rendered by the learned Single Judge, subject matter

of the present appeal;

(b) the claim agitated in the writ petition is stale

and highly belated;

(c) right to pension is regulated by the service

condition which we find not to have been infracted in any

manner.

3. Facts are short and simple. Since 1979 the Patna High Court LPA No. 271 of 2019 dt. 31-05-2021

appellant was in service of the State. As an employee, in the

year 1995 after due sanction, he proceeded on leave for a period

of three months, effective from 10.05.1995. His prayer for

extension of leave made vide communication dated 01.08.1995,

stood rejected vide order dated 16.01.1996. Notwithstanding the

same he failed to resume duties.

4. However, vide representations dated 01.02.1996

and 16.02.1996 he sought voluntary retirement under the Bihar

Service Code (proviso to Rule 74(b)(i)) on the ground that he

had attained the age of 50 years. Such request also stood

dismissed on the ground of unauthorized absence from duty

vide order dated 08.03.1996. Undisputedly, appellant did not lay

any challenge to this order, resultantly disciplinary proceedings

stood initiated against the appellant and despite compliance of

principles of natural justice, of which we are satisfied, appellant

chose not to appear and participate, leading to passing of final

order dated 11.10.2000 dismissal from service.

5. Significantly, the order of dismissal is dated

11.10.2000 and the appellant chose to file the petition only in

the year 2019. The delay remains unexplained.

6. That apart, the learned Single Judge has squarely

dealt with all the issues factual and legal, and findings returned Patna High Court LPA No. 271 of 2019 dt. 31-05-2021

are borne out from the record, not being perverse in any manner.

7. Principles of natural justice stand fully complied

with. At every step the appellant was informed of the

proceedings.

8. The decision rendered in D.V. Kapur (supra)

does not, in any manner advance the appellant's case, for right

to pension is governed by the rules of service, which also entitle

the State to initiate proceedings in accordance with law. Rules

do not stipulate grant of pension to an employee who stands

dismissed from service.

9. As such, for all the aforesaid reasons, the present

appeal is devoid of merit and is dismissed.

10. Interlocutory Application(s), if any, stand

disposed of.

(Sanjay Karol, CJ)

(S. Kumar, J) Sujit/PKP AFR/NAFR CAV DATE Uploading Date 01.06.2021 Transmission Date