RANCHI, India, Sept. 15 -- Jharkhand High Court issued the following order on aUG. 18:
1. The present interlocutory application has been filed under section 5 of the Limitation Act, 1963 for condonation of delay of 174 days in filing of the instant Letters Patent Appeal.
2. Having been satisfied with the reasons stated in paragraph Nos. 3 onwards to the present Interlocutory Application stating therein that the substituted petitioner in W.P.(S) No.564/2019 submitted her representation through speed post on 10.4.2024. Thereafter, matter was examined and direction was sought from the higher authorities for further action. Accordingly, matter was placed before competent authorities at different stages in the office of the Director General of Police, Jharkhand, whereby, it was decided to obtain opinion of Law Department, Govt. of Jharkhand who sent the file to the Learned Advocate General for his opinion and the Learned Advocate General gave his opinion that L.P.A. be filed in the instant case through the office of Standing Counsel-IV. Thereafter, it was provided to the office of the concerned advocate and thereafter it was placed for approval of the competent authority and thereafter present L.P.A. was filed 27.09.2024. However, till then certified copy of the impugned order could not have been obtained which was subsequently filed on 17.10.2024 and thus the delay in filing the appeal is due to procedural technicalities and was not deliberate, we hereby condone the delay of 174 days' in filing the appeal.
3. Accordingly, the present Interlocutory Application stands allowed.
L.P.A. No. 617 of 2024
1. The present Appeal has been filed under Clause-10 of the Letters Patent against the order dated 06.03.2024 passed by the learned Single Judge of this Court in W.P.(S) No. 564 of 2019, whereby and whereunder, the learned Single Judge has been pleased to allow the writ petition by quashing the order of dismissal from service dated 21.2.2018 with further direction to release the death-cum-retiral benefits of the original petitioner by treating him in service at the time of his death, however, without any back wages on the principle of 'no work no pay'.
2. The brief facts, as per the writ petition is that the original petitioner was posted as Sub-Inspector of Police at Tisri Police Station in District-Giridih and he was made the Investigating Officer of Tisri P.S. Case No. 37/16 registered under Sections 147/148/149//354/379/307/436 of 1.P.C and Tisri P.S. Case No. 38/2016 registered under Sections 147/148/149/354/379/307 of IPC, both instituted on 09.10.2016. The original petitioner was arrested by the Anti-Corruption Bureau (ACB) on the allegation made by one Naresh Yadav that the I.O. of the aforesaid cases had demanded Rs.3,000/- from each of the accused persons of Tisri P.S. Case No. 38/2016 on the pretext of deleting their names from the said case. Subsequently, on verification of the allegation, A.C.B Dhanbad P.S. Case No. 15 of 2016 was registered on 30.11.2016 against the original petitioner. It was further alleged that the original petitioner was caught red handed by a team of ACB on 01.12.2016 while receiving bribe of Rs.10,000/- and he was remanded to judicial custody on 02.12.2016. Thereafter, he was suspended from service with immediate effect vide Giridih District Order No. 2623/2016 as contained in memo No. 6078 dated 02.12.2016 issued by the respondent No.3. A memo of charge was issued by the respondent No.3 to the original petitioner vide D.O. No. 2703/16 on 08.12.2016 for showing extreme lethargy, dereliction of duty, indiscipline, masterfulness, arbitrariness, inaction, violation of order, being caught red handed by Anti-Corruption Bureau while taking bribe of Rs.10,000/-, involvement in corruption and being an incompetent police officer.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqMXeVT%2FEZOrKt3ApRSAJExJrGF57vpzz%2FVuHUrKx%2FlC%2B&caseno=LPA/617/2024&cCode=1&cino=JHHC010340082024&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
