PATNA HIGH COURT
Sudhir Singh, Rajesh Kumar Verma, JJ
Birendra Prasad Mehra – Appellant
Versus
The State of Bihar – Respondent
| Table of Content |
|---|
| 1. appellant's delay in petitioning must be justified. (Para 2 , 4) |
| 2. respondents argued against the prolonged wait. (Para 5 , 6) |
| 3. delay and laches disallow discretionary relief. (Para 7 , 8 , 9) |
| 4. supreme court principles guide discretionary powers in delays. (Para 10 , 11 , 12) |
| 5. court upheld the decision to dismiss based on delay. (Para 14 , 15) |
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
Date : 02-02-2026 Heard learned counsel for the appellant and learned counsel for the respondent.
2. The present intra Court appeal has been filed against judgment dated 02.04.2024, passed by the learned Single Judge of this Court in C.W.J.C. No.15678 of 2023, whereby the writ petition filed by the appellant was dismissed solely on the ground of delay and laches.
3. The brief facts of the case are that the appellant was initially appointed as a Junior Engineer in the Public Health Engineering Department (hereinafter referred to as“PHED”) and was subsequently promoted to the post of Assistant Engineer. A departmental proceeding was initiated against the appellant vide memo dated 21.03.2012, to which he submitted his explanation. Thereafter, a charge-sheet was issued on 13.09.2012. Up
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