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Patna High Court - Orders

The State Of Bihar & Ors vs Pranwesh Singh on 25 January, 2017

Author: Ajay Kumar Tripathi

Bench: Ajay Kumar Tripathi, Nilu Agrawal

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Letters Patent Appeal No.1746 of 2015
                                                    In
                              Civil Writ Jurisdiction Case No. 18540 of 2014
                                                   With
                               Interlocutory Application No. 7851 of 2015
                                                   And
                               Interlocutory Application No. 7852 of 2015

                 ======================================================
                 1. The State of Bihar through the Chief Secretary, Government of Bihar,
                    Patna.
                 2. The Principal Secretary, Public Health Engineering Department,
                    Government of Bihar, Patna.
                 3. That Additional Secretary, Public Health Engineering Department,
                    Government of Bihar, Patna.
                 4. The Joint Secretary, Public Health Engineering Department,
                    Government of Bihar, Patna.

                                                                       .... .... Appellant/s
                                                  Versus
                 Pranwesh Singh Son of Sri Bipin Bihari Singh, resident of village-
                 Jwawanpur-Gopalpur, P.S.- Biddupur, District- Vaishali, Executive
                 Engineer, Public Health Engineering Department, District- Begusarai
                 Presently posted (under suspension) posted in the office of Regional Chief
                 Engineer, Public Health Engineering Department, Bhagalpur Zone,
                 Bhagalpur .

                                                                  .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s  :   Mr. Sushil Kr. Singh, AC to AAG-10
                 For the Respondent/s   : Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR
                 TRIPATHI
                           and
                          HONOURABLE JUSTICE SMT. NILU AGRAWAL
                 ORAL ORDER
                 (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI)


3   25-01-2017

For the reasons indicated in I.A. No. 7851 of 2015, the delay of 175 days in filing the present L.P.A. is condoned. Accordingly, the said I.A. is allowed.

A supplementary affidavit on behalf of the appellants has been filed wherein a resolution or order dated 6.6.2016 has been annexed as Annexure-2. From perusal of the said order, it is Patna High Court LPA No.1746 of 2015 (3) dt.25-01-2017 2/2 evident that the private respondent i.e. the petitioner in the writ application, has now been dismissed from service for possessing disproportionate assets beyond his means, on conclusion of the departmental proceeding.

In view of the said order, no adjudication is required in the present appeal with regard to the order dated 24.10.2014 in the changed circumstances.

The appeal stands dismissed.

(Ajay Kumar Tripathi, J) BTiwary/-

(Nilu Agrawal, J) U