MIRA DEVI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Delay of 42 days in filing of the appeal is condoned and I.A. No.773 of 2018 is allowed and disposed of.

(2.) We have considered the rival contentions and heard learned counsel for the parties. From the facts that have come on record, we find that the petitioner's husband was working in the Public Relation Department and claiming promotion on the post of Assistant District Public Relation Officer, w.e.f. 1973, the petitioner earlier approached this Court by filing a writ petition being C.W.J.C. No.16746 of 2008 and on the ground of inordinate delay, more than 20 years, and laches in filing of the writ petition the writ petition was dismissed by the learned Writ Court. Aggrieved by the same, petitioner preferred L.P.A. No.1488 of 2010 before this Court and on 7.7.2011 the Division Bench disposed of the L.P.A. in the following manner:

(3.) From the aforesaid, it is clear that even though the learned Writ Court refused to interfere into the matter on account of delay and laches, the Division Bench thought it appropriate to direct the competent authority to decide the representation and thereafter, in case the representation is decided or rejected within month, the appellant in the appeal, namely the present petitioner, was granted liberty to ventilate her grievance by approaching the competent authority. When the representation was decided within one month, the petitioner filed a contempt application being M.J.C.No.4474 of 2012 and in the contempt application on 25.10.2013, a Division Bench found that as the direction for deciding the representation is issued to any particular or specific officer by designation or name, contempt action cannot be issued and disposed of the matter. As the representation still remained unanswered and after the contempt application was disposed of, petitioner had no option but to approach this Court through a fresh writ petition. C.W.J.C. No.9508 of 2014 was filed only seeking a mandamus in the light of the order dated 7.7.2011 passed in L.P.A. No.1488 of 2010. This writ petition has been dismissed again taking note of the delay.