Patna High Court
The State Of Bihar And Ors vs Bharat Kumar Jha on 1 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.217 of 2019
In
Civil Writ Jurisdiction Case No.5386 of 2015
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1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna
2. The Secretary, Minor Irrigation Department, Government of Bihar
3. The Secretary, Water Resources Department, Government of Bihar
4. The Executive Engineer, Tubewell Division Minor Irrigation Department,
Begusarai
... ... Appellant/s
Versus
Bharat Kumar Jha, Son of Late Laxmi Narayan Jha, Resident of Village and
P.O. Nawada, P.S.- Bahera, District- Darbhanga
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Khurshid Alam, AAG 12
Mr. Arun Kumar Bhagat, AC to AAG 12
For the Respondent/s :
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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 : 01-02-2022
This appeal has been filed under Clause X of the
Letters Patent Appeal of the Patna High Court Rules, 1916 by
the State of Bihar and its authorities against the order dated
23.09.2016 passed by learned Single Judge of this Court in
CWJC No.5386 of 2015 titled as Bharat Kumar Jha versus
The State of Bihar & Ors.
In terms of the impugned order, the learned Single
Patna High Court L.P.A No.217 of 2019 dt.01-02-2022
Judge quashed the order dated 07.07.2011 (Annexure-14 to the
writ petitioner) whereby a sum of Rs.2,63,253/- was ordered to
be deducted from the petitioner's account for pension and
gratuity.
Writ petitioner/respondent herein having his track
record of unblemished service for more than 30 years
superannuated on 28.02.2009 and only thereafter the said
amount was deducted, apparently on the ground that at some
point of time during his service period, perhaps in the year
1996, his salary was erroneously fixed.
The learned Singe Judge allowed the writ petition
holding the action to be impermissible in view of the decision of
Hon'ble the Apex Court in State of Punjab and others v.
Fariq Mashi (White Washer) and others (2015) 4 SCC 334.
The impugned judgment dated 23.09.2016 stands
challenged by way of the instant appeal filed only on
30.01.2019. The delay of 827 days, in our considered view,
remains unexplained. The only explanation being that the matter
kept on rotating from one Department to another. Well, that
cannot be a reason sufficient enough for condoning the delay,
more so in the absence of any explanation forthcoming,
explaining each days delay and action taken against the erring
Patna High Court L.P.A No.217 of 2019 dt.01-02-2022
persons, in the application filed seeking condonation of delay.
Accordingly, the appeal is dismissed on the ground
of delay and laches.
Interlocutory Application, if any, shall stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
sujit/-
AFR/NAFR
CAV DATE
Uploading Date 07.02.2022
Transmission Date
