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Judgment
The matter is taken up first with regard to delay in filing the appeal of one year and 270 days. The so-called explanation offered is nothing but routine departmental exercise, which does not satisfy the Court about the bonafide of explanation offered.
Therefore, I.A. No. 8199 of 2013 is required to be dismissed.
The matter was also examined by the Division Bench with regard to the merit. The finding of the learned single Judge, after verification of the original record, was that no departmental enquiry or procedure at all was followed before imposition of punishment by the disciplinary authority and affirmance of the same Patna High Court LPA No.1485 of 2013 dt.27-02-2017 by the appellate authority. Since an unknown procedure in law was adopted for conducting the departmental proceeding if at all there was one, quashing of the order of punishment was the only answer.
Such frivolous appeal, therefore, should have been dismissed with cost for wasting judicial time and resources. The appeal is required to be dismissed and is dismissed.