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2021 Supreme(Jhk) 291

RAVI RANJAN, SUJIT NARAYAN PRASAD
Majhar Baitha, son of Bital Baitha – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Appellant :Mr. Nand Kishore Pd. Sinha, Advocate
For the State : Mr. Deepak Kr. Dubey, A.C to AAG-II
For the A.G. :Mr. Sudarshan Srivastava, Advocate

JUDGMENT :

With consent of the parties, hearing of the matter has been done through video conferencing and there is no complaint whatsoever regarding audio and visual quality.

I.A. No. 10951 of 2019

2. This Interlocutory Application has been filed for condoning the delay of 217 days, which has occurred in preferring this appeal.

3. Heard learned counsel appearing for the parties.

4. Having regard to the averments made in this application, we are of the view that the appellant was prevented by sufficient cause from preferring the appeal within the period of limitation.

5. Accordingly, I.A. No. 10951 of 2019 is allowed and delay of 217 days in preferring the appeal is condoned.

L.P.A. No. 783 of 2019

6. The instant intra-court appeal is preferred against order/judgment dated 25.04.2019 passed by learned Single Judge in W.P. (S) No. 2725 of 2015, whereby and whereunder the order as contained in letters dated 24.11.2014 and 27.02.2015, by which decision was taken to recover an amount of Rs. 9,41,396/-out of which Rs. 3,34,700/-has been recovered from the leave encashment, have been quashed and set aside and direction has been passed to make payment of retiral benefit on the basis of “corrected

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