VINOD KUMAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred against the order dated 27.3.2006 passed in CWJC No. 988/1997R, by which the learned Single Judge dismissed the writ petition holding therein that the petitioners' (appellants herein) initial appointment itself was illegal and hence directed the Managing Committee, Cooperative Society, to terminate his appointment immediately.

(2.) IN the first place, this appeal is time barred by 1007 days, which amounts to more than 3 years, yet there is absolutely no explanation for this huge delay, which could inspire confidence in the fact that the delay is bona fide. In spite of this inordinate delay, we permitted the counsel to address us on the merit of the appeal with a view to avoid miscarriage of justice in the event of its dismissal on the ground of delay.

(3.) IT had been noticed by the learned Single Judge that the appellant alongwith others had been appointed on the post which was illegally sanctioned and ilk; gaily regularized against the Standing Orders of the Department and the Governmerit and an order had also been passed for initiating departmental action against the persons who had illegally appointed the appellants alongwith others. The appellants had acquiesced with the order as no appeal had been preferred within time but after 1007 days as indicated hereinbefore, the appeal was filed. But it is obvious that the appellant and other similarly situated persons subsequently filed this appeal after a huge delay merely to try their luck and as a matter of gamble, although they were well aware that they had been appointed illegally contrary to the Standing Orders.