The Union Of India & Ors vs Bina Devi on 9 January, 2017

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Patna High Court - Orders

The Union Of India & Ors vs Bina Devi on 9 January, 2017

Bench: Dinesh Kumar Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Letters Patent Appeal No.318 of 2016
                                               Arising out of
                               Civil Writ Jurisdiction Case No. 1562 of 2000
                 ======================================================
                 The Union of India & Ors.
                                                                      .... .... Appellant/s
                                                  Versus
                 Bina Devi
                                                                     .... .... Respondent/s
                 ======================================================
                 Appearance:
                 For the Appellant/s      :   Mr. Sanjay Kumar, A.S.G.
                 For the Respondent/s     : Mr.
                 ======================================================
                 CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
                           And
                           HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
                                             ORAL ORDER
                 (Per: HONOURABLE THE ACTING CHIEF JUSTICE)

2   09-01-2017

I.A. No.1255 of 2016 This application is for condonation of delay of 139 days in filing the Letters Patent Appeal.

For the reasons mentioned in the Interlocutory application, we are satisfied that the appellants have shown sufficient cause to seek condonation of delay in filing the present Letters Patent Appeal.

Consequently, Interlocutory Application is allowed and delay in filing the Letters Patent Appeal is condoned.

Re.: L.P.A. No.318 of 2016 Learned counsel for the appellants contends that Central Industrial Security Force is an armed force of the country in terms of Section 3 of the Central Industrial Security Force Act, Patna High Court LPA No.318 of 2016 (2) dt.09-01-2017 2/2 1968. Therefore, the protection of the fundamental rights would not be available to a member of such service.

It is further contended that there is no provision of appointment of presenting officer nor was required as the case of the department before the Enquiry Officer was to prove the allegations based upon the documents.

Let the notice be served upon the sole respondent under ordinary process as well as registered cover with A/D. Re.: I.A. No. 1256 of 2016 In the meantime, the operation of the impugned order dated 24.06.2015 passed in C.W.J.C. No. 1562 of 2000 shall remain stayed.

(Hemant Gupta, ACJ) (Dinesh Kumar Singh, J) Mishra U

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Patna High Court - Orders