JHARKHAND HIGH COURT ISSUES ORDER ON THE STATE OF BIHAR V/S DR. BRAJ NANDAN PRASAD VERMA AND ORS.

RANCHI, India, March 27 -- Jharkhand High Court issued the following order on Feb. 24:

1. The present Civil Review Application has been filed seeking review of the order/judgment dated 19.12.2018 passed by the learned Division Bench of this Court in L.P.A No. 269 of 2013, whereby the order/judgment dated 15.03.2013 passed by the learned Single Judge in C.W.J.C No. 1293 of 2001 has been set-aside, however, a direction has been issued to the review petitioner to continue making payment of 90% of the pension to the opposite party no. 1.

2. Since the present Civil Review Application is barred by limitation, it is appropriate to first consider the application filed on behalf of the review petitioner seeking condonation of delay. I.A. No. 16438 of 2025

3. The present interlocutory application has been filed on behalf of the review petitioner/applicant seeking condonation of delay of 1502 days in filing the present Civil Review Application.

4. Learned counsel for the applicant submits that the State of Bihar was unaware of passing of the impugned judgment dated 19.12.2018 till September, 2022 on account of miscommunication. On 15.09.2022, the Deputy Secretary of the administrative department, Government of Bihar proposed to seek legal opinion in the present matter and after due concurrence on the said proposal, the concerned file was handed over to the Law Department, Government of Bihar for placing it before the learned Advocate General to seek legal opinion in the matter. The said proposal was approved on 23.09.2022 and the file was placed before the learned Advocate General, Bihar for rendering legal opinion.

5. It is further submitted that the office of the learned Advocate General provided its opinion on 20.10.2022 for preferring a Civil Review Application against the Judgment dated 19.12.2018 passed in L.P.A No. 269 of 2013. The file was then returned to the administrative department, Government of Bihar. Thereafter, on 21.11.2022, the file was marked to the legal retainer of the department for preparing the statement of facts in order to prefer Civil Review Application.

6. It is also submitted that the legal retainer returned the file along with the statement of facts which was approved after certain rectification. Thereafter, the Under Secretary was authorized on behalf of the department to swear the affidavit of the Civil Review Application.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpBaygRZyWUEiT79Q6fZx5WUKM%2BviReXZ1dOYUfxrsA1X&caseno=C.Rev./16/2023&cCode=1&cino=JHHC010072772023&state_code=7&appFlag=)

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