STATE OF BIHAR Vs. AKHILESH KUMAR

JUDGEMENT

(1.) NOTICE of the limitation application has been refused by the sole respondent. It has been contended in the application that there was no willful delay or laches on the part of the appellants in filing the appeal. Since those averments are not being disputed, we feel that sufficient cause has been made out for delay of approximately 30 days in filing the appeal. Accordingly, we allow the said application and condone the delay.

(2.) IN the writ petition the writ petitioner -respondent challenged the order dated 5th July. 2001 whereby prayer made to regularize the services of the writ petitioner -respondent was rejected. In the writ petition, it was stated that the writ petitioner -respondent was working under, on being appointed by, a State Government servant and his services had been brought to an end by the order dated 5th July, 2001 by an officer of the Government, in order to victimize him. It was contended that the said order dated 5th July, 2001 was the follow up action of the show cause pertaining to the alleged refusal on the part of respondent to type a letter on 18th June, 2001, where it was also alleged that he acted disgracefully on 19th June, 2001.

(3.) IN the judgment and order under appeal the learned Judge has recorded that though the Society is a registered Society under the Societies Registration Act, 1860, but all the officers of the Society are officers of the State and the society operates with the funds provided by the State Government and the Central Government. The learned Single Judge concluded that in such situation the writ petition has to be allowed.