STATE OF BIHAR Vs. DAYANAND JHA

JUDGEMENT

(1.) WE heard the counsel for the parties.

(2.) THE appeal suffers from delay of 469 days and for condonation thereof, an application (LA. No. 4397 of 2007) has been made. That, the impugned order came to be passed on 27th March, 2006, is not in dispute. It is stated that the cause of action for tiling the present Letter Patent Appeal arose when a Fax message from the State Counsel was received in legal section about the disposal of Civil Review No. 206 of 2000 filed by the State on 16.4.2007. It is further stated that thereafter an application for obtaining certified copy of the judgment in Civil Review No. 206 of 2000 was made. The certified copy of the judgment was received on 9.5.2007 and the Under Secretary endorsed the file to Establishment Section on 10.5.2007. The file was received in the Establishment Section on 11.5.2007 and the Establishment Section put up the file for proper decision in the matter on 21.5.2007. It is further stated that on 12.6.2007, the Principal Secretary forwarded the file to the Law Department for advice of the Advocate General whose opinion was received and thereafter the file was returned on 13.7.2007. After receiving the legal opinion from the Advocate General, the matter was handed over to the State Counsel on 3.8.2007 and then the appeal has been preferred.

(3.) A supplementary affidavit has also been filed in support of the limitation petition and in paragraph 7 thereof, it is stated that after the order dated 27th March, 2006 passed in the present matter, the State authorities waited for the disposal of Civil Review No. 206 of 2000 which was finally heard on 12.4.2007 and in view of the order passed therein, the present appeal came to be filed.