JUDGMENT :

Shree Chandrashekhar, J.

I.A. No. 10923 of 2023

The appellant has filed this interlocutory application under section 5 of the Limitation Act seeking condonation of delay of 8 days in filing the present Letters Patent Appeal.

2. In view of the statements made in this interlocutory application, the delay of 8 days in filing this appeal is condoned.

3. I.A. No. 10923 of 2023 is, accordingly, allowed.

LPA No. 566 of 2023

4. Sachidanand Singh who is the writ petitioner has challenged the writ Court’s order dated 19th July 2023 passed in WP(S) No. 6024 of 2015, he was dismissed from service.

5. Briefly stated, the appellant who was appointed as a constable on 8th September 1981 faced a departmental inquiry vide departmental proceeding No. 26 of 2003. The imputation of misconduct levelled against the appellant was that on 8th November 2003 he received a rifle and 50 rounds of bullets and after loading 5 bullets in the rifle went to the spot where other trainees were cleaning their rifles. The appellant requested Shyam Bahadur Thapa, who was also a trainee police, to hold the rifle. During cleaning the rifle, Shyam Bahadur Thapa put the full-through in the barrel and starting pulling aw