ABDUL RAHMAN KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Raju Giri for the petitioner, and learned Assistant counsel to Standing Counsel No.1 for the respondents.

(2.) This application has been filed by the appellant of LPA No. 181 of 2006(Abdul Rahman Khan V/s. The State of Bihar & Ors.), for review and/or recall of the order dated 17.12.2009, whereby the appeal was dismissed. Learned counsel for the petitioner submits that learned counsel for the appellant was not present at the time the appeal was taken up and, therefore, it could not be argued effectively on behalf of the appellant. The contention is stated only to be rejected. The opening words of the order dated 17.12.2009 states "Heard learned counsel for the appellant,..."

(3.) Learned counsel for the appellant also seeks to place before us certain materials in support of his defence in the departmental proceeding. It was open to the appellant to put up his defence before the learned enquiry officer which he did not do. Paragraph 3 of the order in question states that "...It appears to us that the appellant did not make any attempt to rebut the charge and justify his conduct during the course of enquiry..." In that view of the matter, we do not deem it fit and proper to entertain the plea in the present review application, traditionally known to be of narrow sweep, and were really available to the appellant before the learned enquiry officer which he failed to avail. The contention is rejected