STATE OF BIHAR Vs. RAM SAROWAR PRASAD SINGH

JUDGEMENT

(1.) UPON consideration of the facts and circumstances and the ground taken in the application for condonation of delay, we are satisfied that there was sufficient cause for delay in filing this Letters Patent Appeal. Hence, the delay is condoned and the delay condonation application is allowed. No order as to costs.

(2.) BY this Letters Patent Appeal, by invocation of the provisions of Clause 10 of the Letters Patent, the challenge is against the judgment and order dated 3.2.2005 recorded by learned Single Judge in CWJC No. 10606 of 1999, whereby, the impugned order of dismissal from service against the respondent original writ petitioner came to be quashed on the ground that constitutional safeguard of departmental enquiry was not conducted.

(3.) THE order of dismissal from service against the respondent -original writ petitioner which came to be recorded by the disciplinary authority only on the ground that the employee, a Clerk, was found guilty and was convicted by the competent criminal court for a serious offence, was challenged before the learned Single Judge.