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2000 Supreme(Pat) 1258
PATNA HIGH COURT
Ravi S.Dhavan and Aftab Alam JJ.
State Of Bihar
Versus
Bharat Singh @ Bharat Rao
Letter Patent Appeal No. 261 of 2000 ;
Decided On : NOVEMBER 23, 2000
The court's discretion to interfere with an order based on reasonableness.
Headnote:
Letters Patent Appeal - State of Bihar v. Bharat Singh @ Bharat Rao - The court found the order reasonable and declined to interfere with it, dismissing the appeal.
Fact of the Case:
The State of Bihar filed a letters patent appeal challenging an order regarding the retirement date of the petitioner.
Finding of the Court:
The court found the order reasonable and declined to interfere with it, dismissing the appeal.
Issues:
Ratio Decidendi: The court found no reason to interfere with the order regarding the petitioner's retirement date.
Final Decision: The appeal was dismissed.
1. The State of Bihar has filed the present letters patent appeal challenging the order, dated 7.10.1999 passed in CWJC No. 6271 of 1998 (Bharat Singh @ Bharat Rao V/s. State of Bihar and Ors., 2001 (1) PLJR 641). The court has gone into the order and does not find anything incorrect in it so as to interfere by the present letters patent appeal. The order seems to be reasonable that the petitioner has virtually been made to retire by a declaration of the High Court reckoned from the year ending 1940. The petitioners request, that is, the date of birth be treated as in 1942 was denied. The petitioner was to superannuate on 30.6.1998. All that will happen is that now he will superannuate at the end of the year, 1998.
2. This is too petty a matter that the issue should be continued in a letters patent appeal. This appeal accordingly dismissed.
