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Patna High Court

Smt. Prabha Rani vs The Union Of India & Ors on 9 January, 2017

Author: Ajay Kumar Tripathi

Bench: Ajay Kumar Tripathi, Nilu Agrawal

      IN THE HIGH COURT OF JUDICATURE AT PATNA

                 Civil Writ Jurisdiction Case No.15122 of 2014
===========================================================
Smt. Prabha Rani, Wife of Uday Bhatacharya, Ex. In-charge Training Centre
(I.T.O.) M.S.E.C., Office of the D.C.(H), Madhubani, resident of Lalbagh,
Darbhanga, P.O., P.S. & District- Darbhanga- 846004

                                                            .... ....   Petitioner/s
                                     Versus
1. The Union of India, through its Secretary, Ministry of Textiles, Government of
   India Udyog Bhawan, New Delhi- 110107
2. The Development Commissioner, office of the D.C.(H) Ministry Government
   of India, West Block No.7, R.K. Puram, New Delhi- 110066
3. The Regional Director, Eastern Region Office, office of the D.C.(H) Ministry
   of Textiles, Government of India, C.G.O. Complex, D.F., Block-A-Wing 3rd
   floor Salt leg, Kolkata- 700064
4. The Assistant Director (H) M & SEC, office of the D.C.(H) Ministry of
   Textiles, Government of India, Jaldhari Chowk, Bhatt Complex, Madhubani-
   847211
5. The Senior Accounts Officer, Government of India, Ministry of Commerce
   and Textiles, Regional Pay and Accounts Office, Department of Textile-1,
   Council Stree, Kolkata- 700001

                                                    .... .... Respondent/s
===========================================================
       Appearance :
       For the Petitioner : Mr. Umesh Pathak, Advocate
                            Mr. Sanjay Kr. Mishra, Advocate
       For the UOI        : Mr. Awadhesh Kumar Pandey, SCGC
                            Mr. Ravinder Kumar Sharma, CGC
===========================================================
CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI
          and
          HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 09-01-2017 Heard learned counsel for the petitioner and learned counsel for the Union of India.

The reason for rejecting O.A. No. 439 of 2011 along with M.A. No. 489 of 2013 dated 25.04.2014 speaks for itself. Since the onus lies on the citizen to assert his/ her right being prompt in this Patna High Court CWJC No.15122 of 2014 dt.09-01-2017 2/2 regard, the Court can only reach out, provided the Court is satisfied that the reasons were such which prevented the petitioner from asserting her right timely.

The narration of fact does not satisfy this Court that the Tribunal committed an error by rejecting the condonation as well as O.A. The writ application has no merit. It is dismissed.




                                              (Ajay Kumar Tripathi, J.)



                                                   (Nilu Agrawal, J.)
Sudha/Rajesh


AFR/NAFR       NAFR
CAV DATE
Uploading Date 11.01.2017
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