High CourtsDIVISION BENCH(2017) 01 PAT CK 0108

The State of Bihar vs Satrughan Prasad

Patna High Court · Decided on 23 January 2017

HON’BLE JUDGES
Ajay Kumar Tripathi, Nilu Agrawal
RESULT
Dismissed
CASE NUMBER
1827 of 2015

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Judgment

9 paragraphs · 233 words
1.

Heard counsel for the State and counsel for Respondent No. 2. He also submits that the he represents the interest of other private-respondents also.

2.

I. A. No. 8194 of 2015 is for condonation of delay of three years and 209 days. One of the reasons given for delay is that a review was filed against the order of the Learned Single Judge and the same came to be finally dismissed. Thereafter, opinion was obtained and an appeal was filed.

3.

The review was dismissed on 01.09.2014. The appeal has been filed on 01.10.2015. After a delay of almost one year. The Court is not convinced that it takes a year for obtaining opinion as well as preparing a memo of appeal.

Therefore the limitation petition does not deserve any consideration.

4.

Limitation petition is dismissed.

5.

The Court even otherwise went through the impugned order, dated 13.01.2012. The Learned Single Judge has passed the order, giving leeway to the Civil Surgeon to take a decision with regard to payment of the regular salary in light of regularization of their services.

6.

Counsel for the State informs the Court that the matter was considered and rejected.

7.

The ball was very much in the court of the State to take decision.

8.

The appeal, therefore, also does not deserve any indulgence. Both the limitation petition as well as the appeal is dismissed.