The State Of Bihar vs Dr. Parimal Chakraborty
2021 Latest Caselaw 4464 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.1575 of 2019
                                          In
                    Civil Writ Jurisdiction Case No.5485 of 2017
     ======================================================

1. The State of Bihar

2. The Secretary, Animal and Fishery Resource Department, Government of Bihar, Patna.

3. The Under Secretary, Animal and Fishery Resource Department, Government of Bihar, Patna.

4. The Director Animal Husbandry Department, Animal and Fishery Resource Department, Government of Bihar, Patna.

... ... Appellant/s

Versus

1. Dr. Parimal Chakraborty, son of Late A.B. Chakraborty, resident of 470-C, Mandir Marg, Ashok, Nagar, Police Station Ashok Nagar, Police Station - Argora, District- Ranchi, Jharkhand.

2. The Accountant General, Govt. of Bihar, Patna.

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

     For the Appellant/s    :        Mr. Sajid Salim Khan, SC 25
     For the Respondent/s   :        Mr.

====================================================== 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 residences/offices.)

Date : 04-09-2021

I.A. No.1 of 2019

Having heard learned Counsel for the parties, we

are satisfied that the delay 162 days in filing of the appeal has

been sufficiently explained. The delay condonation application Patna High Court L.P.A No.1575 of 2019 dt.04-09-2021

is allowed. The appeal shall be treated to be within time.

L.P.A. No.1575 of 2019

This appeal is directed against the order dated

19.06.2019 passed in C.W.J.C. No. 5485 of 2017, titled as Dr.

Parimal Chakravorty Vs. The State of Bihar & Ors., by a learned

Single Bench of this Court.

Shri Sajid Salim Khan, learned counsel for the

appellants does not dispute the position that the decision

rendered by the learned Single Judge of this Court in 2017(3)

P.L.J.R. 79, Nityanand Kumar Singh v. State of Bihar, has

attained finality.

We have gone through the said decision and find

that the learned Single Judge, in fact, has referred to the

decision rendered by a Division Bench answering the

reference, holding that Rule 43(a) of the Bihar Pension Rules is

applicable only with respect to the act and conduct, subsequent

to the retirement of the delinquent employee.

In the instant case, the learned Single Judge,

relying upon the said decision rightly allowed the writ petition

holding that the Department had initiated proceedings in

relation to an act of the employee while in service and that too

after a period of twenty-five years of superannuation. The Patna High Court L.P.A No.1575 of 2019 dt.04-09-2021

employee retired on 31st of December, 1990 whereas the

departmental proceedings were initiated under Rule 43(a) the

Bihar Pension Rules on 16th of June, 2016.

In this view of the matter, we find no reason

sufficient enough to interfere with the impugned judgment for

there being no illegality or infirmity or violation of any of the

principles enunciated by Hon'ble Apex Court of Jogendrasinhji

Vijaysinghji Vs. State of Gujarat and others, (2015) 9 SCC 1.

Appeal is dismissed.

Interlocutory Application, if any, shall stand

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J)

K.C.Jha/DKS/-

AFR/NAFR
CAV DATE
Uploading Date          08.09.2021
Transmission Date