Patna High Court - Orders
The Bihar State Financial Corporation & ... vs Gaurav Kumar Mishra & Ors on 29 June, 2016
Author: Hemant Gupta
Bench: Hemant Gupta, Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.2038 of 2015
Arising out of
Civil Writ Jurisdiction Case No. 129 of 1999
======================================================
1. The Bihar State Financial Corporation, Fraser Road, Patna, through its
Managing Director.
2. The Board of Directors of Bihar State Financial Corporation, through its
Chairman, Patna, having its office at Fraser Road, Patna.
3. The Managing Director, Bihar State Financial Corporation, Fraser Road,
Patna.
4. The Officer-on-Special Duty, Bihar State Financial Corporation, Fraser
Road, Patna.
.... .... Appellants
Versus
1. Gaurav Kumar Mishra
2. Saurav Kumar Mishra
3. Vaibabh Kumar Mishra
All sons of Late U.C. Mishra, r/o Village- Prasadi Tola, P.O.- Chakauti,
P.S. Jalley, District- Darbhanga.
4. Sri A.K. Singh, I.A.S., Member Finance, Bihar State Electricity Board,
Vidyut Bhawan, Bailey Road, Patna.
5. Sri Ashok Kumar, Assistant General Manager, Bihar State Financial
Corporation, Fraser Road, Patna (Enquiry Officer)
6. Mr. Pankaj Kumar Jha, Deputy Manager, Vigilance & Grievance Cell,
Bihar State Financial Corporation, Patna (Presenting Officer)
.... .... Respondents
======================================================
Appearance :
For the Appellants : Mr. Y.V. Giri, Sr. Advocate.
Mr. Nikhil Kumar Agrawal, Advocate.
For the Respondents : Mr. Alok Ranjan, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA
and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE HEMANT GUPTA)
2 29-06-2016Re.:I.A. No. 9033 of 2015 The application is for condonation of delay of 92 days in filing the Letters Patent Appeal.
2. For the reasons mentioned in the Interlocutory Application, we are satisfied that the appellants have shown Patna High Court LPA No.2038 of 2015 (2) dt.29-06-2016 2 /3 sufficient cause to seek condonation of delay of 92 days in filing the present Letters Patent Appeal.
3. Consequently, Interlocutory Application No. 9033 of 2015 is allowed and delay of 92 days in filing the Letters Patent Appeal is condoned.
Re.: L.P.A. No. 2038 of 2015 Learned counsel for the appellants contends that the judgment referred to by the learned Single Bench i.e. State of Uttar Pradesh and others Vs. Saroj Kumar Sinha, (2010) 2 SCC 772 is distinguishable inasmuch as in the said case, witnesses were not examined in support of proof of charge even though they were cited in the charge sheet. It is contended that the documents before the departmental authority are not required to be proved as required in terms of the provisions of Evidence Act as such Act is not applicable to departmental proceedings. He relies upon State of Haryana and Anr. Vs. Rattan Singh, A.I.R. 1977 SC 1512 to contend that in departmental proceeding even hearsay evidence can be relied upon.
Notice.
Sri Alok Ranjan, learned counsel appearing on behalf of the respondents waives notice.
List this appeal under the heading "For Admission" on Patna High Court LPA No.2038 of 2015 (2) dt.29-06-2016 3 /3 11th of July, 2016.
Re.: I.A. No. 9034 of 2015 In the meantime, there shall be stay of the operation of the order dated 23rd of March, 2015 passed in C.W.J.C. No. 129 of 1999.
I.A. No. 9034 of 2015 is, accordingly, allowed.
(Hemant Gupta, J) (Ahsanuddin Amanullah, J) P.K.P. U