Patna High Court - Orders
The State Of Bihar & Ors vs Md. Firoz Khan & Ors on 1 July, 2013
Author: Chief Justice
Bench: Chief Justice
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.262 of 2013
In
Civil Writ Jurisdiction Case No. 7054 of 2011
With
Interlocutory Application No. 1540 of 2013
With
Interlocutory Application No. 1541 of 2013
In
Letters Patent Appeal No. 262 of 2013
======================================================
1. The State of Bihar
2. The Principal Secretary, Road Construction Department, Visheshwariya
Bhawan, Bailey Road, Patna
3. Engineer-In-Chief Cum Additional Secretary Cum Additional
Commissioner cum Special Secretary, Road Construction Department,
Visheshwariya Bhawan, Bailey Road, Patna
4. The Engineer in Chief-Cum-Additional Commissioner Cum Special
Secretary, Department of Irrigation, Govt. of Bihar
5. The Additional Secretary, Road Construction Department, Govt. of
Bihar, Visheshwariya Bhawan, Bailey Road, Patna
6. The Joint Secretary, Road Construction Department, Govt. Of Bihar,
Visheshwariya Bhawan, Bailey Road, Patna
7. The Deputy Secretary of Road Construction Department, Government of
Bihar, Vishweshraiya Bhawan, Bailey Road, Patna.
.... .... Respondents/Appellants
Versus
1. Md. Firoz Khan, S/O Late Khalifat Hussain R/O Sikta, P.S.- Lauriya,
District- West Champaran.
...... Petitioner/Respondent
2. The Chairman, Bihar Public Service Commission, Bailey Road, Patna
.... .... Respondent No. 8, Respondent
======================================================
Appearance:
For the Appellants : Mr. P.K.Verma, AAG-V
Mr. S.R.Sharan, A.C. to AAG-V.
For the Respondent No. 1: Mr. Surendra Kumar Singh,
Mr. Sudha Chandra, Advocates.
For the B.P.S.C. : Mrs. Nilu Agrawal, Advocate.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
2 Patna High Court LPA No.262 of 2013 (5) dt.01-07-2013
2/3
and
HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 01-07-2013Re. Interlocutory Application No. 1541 of 2013:
This application under Section 5 of the Limitation Act has been filed by the appellant- State of Bihar for condonation of delay of one year and 45 days occurred in filing the Letters Patent Appeal.
We are hardly satisfied with the reasons for delay. Nevertheless, in the interest of justice, the delay is condoned on condition that the appellant- State of Bihar will, within three weeks, pay a cost of Rs. 1000/- to the respondent- writ petitioner.
Interlocutory Application stands disposed of. Re. Letters Patent Appeal No. 262 of 2013:
This Appeal under Clause 10 of the Letters Patent is preferred by the respondent-State of Bihar against the common order dated 11th July 2011 made by the learned single Judge insofar as CWJC No. 7054 of 2011 has been allowed, the order of punishment dated 11th June 2010 is set aside.
Under order dated 11th June 2010 made by the Government of Bihar, the writ petitioner, an Executive Engineer, was visited with punishment of withholding of one increment without cumulative effect on the charge that the petitioner had made payment for stone chips of various sizes without making sieve analysis.
It is apparent that the charge framed and held to be proved against the petitioner are at variance. Apparently, the petitioner has been punished for the charge which was not framed against him.3 Patna High Court LPA No.262 of 2013 (5) dt.01-07-2013 3/3
In view of the above referred discrepancy, the learned single Judge has rightly set aside the order of punishment. No case for interference is made out. Appeal is dismissed in limine.
Interlocutory Application No. 1540 of 2013 stands disposed of.
(R.M. Doshit, CJ)
Sujit/- (Ashwani Kumar Singh, J)