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2024 Supreme(Pat) 253

ALOK KUMAR PANDEY, P. B. BAJANTHRI
State Of Bihar through Chief Secretary – Appellant
Versus
Yogendra Prasad Singh S/o Late Matukdhari Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Krishna Kant Singh( Ac To Sc 10)
For the Respondent:Mr.Arun Kumar Arun, Advocate

JUDGMENT :

P. B. BAJANTHRI, J.

On 13.03.2024, the following order was passed:-

    “Service of notice to the 1st respondent is completed however, there is no representation in order to give one more opportunity to 1st respondent.

2. Re-list this matter after three weeks and if there is no representation on behalf of 1st respondent, matter would be decided with the available records.

3. Heard I.A. No.03/2024 in LPA No. 952/2019, it relates to condonation of delay in filing LPA No.952/2019 for the reasons stated in application and affidavit delay of 136 days stands condoned.

4. Accordingly, I.A. No. 03/2024 stands allowed.

5. Re-list this matter on 03.04.2024.”

2. Today, there is no representation on behalf of the contesting respondent -Yogendra Prasad Singh.

3. Appellants-State have assailed the order dated 18.02.2019 passed in CWJC No. 19135 of 2014. Respondent – Yogendra Prasad Singh was subjected to disciplinary proceedings and he was placed under suspension on 07.10.2006. During pendency of the disciplinary proceedings, he has attained age of superannuation and retired from service on 31.12.2008. Whereas, the departmental inquiry was concluded on 12.04.2012, while imposing the penalty of wit

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