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2016 Supreme(Pat) 1442

HEMANT GUPTA, AHSANUDDIN AMANULLAH
State of Bihar – Appellant
Versus
Kusheshwar Das S/o Sri Singheswar Das – Respondent


Advocates Appeared:
For the Appellant : Mr. Kunal Tiwary.
For the Respondents: Mr. Alok Kumar Sinha, Mr. Bhola Kumar and Mr. Ashish Sinha.

JUDGMENT :

Hemant Gupta, J.

In Re: I.A. No. 2091 of 2015

1. The application is for condonation of delay of 2 years 167 days in filing the Letters Patent Appeal.

2. For the reasons mentioned in the Interlocutory Application, we are satisfied that the appellant has shown sufficient cause to seek condonation of delay of 2 years 167 days in filing the present Letters Patent Appeal.

3. Consequently, Interlocutory Application No. 2091 of 2015 is allowed and delay of 2 years 167 days in filing the Letters Patent Appeal is condoned.

In Re: L.P.A. No. 458 of 2015

4. The order dated 19th of July, 2012 passed by the learned Single Bench of this Court in C.W.J.C. No. 5756 of 2006 is subject matter of challenge in the present Letters Patent Appeal, whereby the order of the State Government dated 9th of March, 2006 was set aside with further direction that no departmental proceedings be initiated against the writ applicant.

5. The writ applicant remained absent from duty for a long period of time. In pursuance of the direction of this Court in C.W.J.C. Nos. 5975 of 1996 and C.W.J.C. No. 11903 of 1998, the State Government recorded a finding that the period of absence i.e. from 01.07.1985 to 22.05.1997 w



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