PUNAM MISHRA Vs. BIHAR ELECTRICITY BOARD

JUDGEMENT

(1.) THE delay in filing the appeal is condoned.

(2.) AFTER the matter was considered at some length, learned counsel for the appellant made a request that the appeal be permitted to be withdrawn. In the normal case, if it was a similar matter of a lis between two parties and one party does not desire to press its cause, the court permits the withdrawal of the petition. But the facts in the present case are unusual and bad circumstances should not make binding precedents.

(3.) THE court is of the opinion that the order should have stopped after this observation once the learned Judge became conscious of the fact that the petitioner Punam Mishra, in fact, has no status under the iaw to make any claim on the death -cum -retiral benefits of the deceased Shashi Bhushan Mishra. But it appears that the order went a little further. It grants certain benefits to those who may not be entitled for it.