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2025 DAILYLAW 28477 (JHR)

THE STATE OF JHARKHAND v. MD. SALIM

LPA/609/2024 · 2025-02-13

Deepak Roshan

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No. 609 of 2024 --- 1. The State of Jharkhand. 2. The Principal Secretary, Personnel, Administrative & Reforms Department, Government of Jharkhand, Ranchi officiating from Project Bhawan, Post Dhurwa, Police Station Jagarnathpur, District Ranchi. 3. The Principal Secretary, Higher and Technical Education Department, Government of Jharkhand, Ranchi officiating from Yojna Bhawan, Nepal House, Post Doranda, Police Station Doranda, District Ranchi. 4. The Additional Secretary, Department of Higher and Technical Education, Government of Jharkhand, Ranchi officiating from Yojna Bhawan, Nepal House, Post Doranda, Police Station Doranda, District Ranchi. 5. The Joint Secretary, Personnel, Administrative & Reforms Department, Government of Jharkhand. Ranchi officiating from Project Bhawan, Post Dhurwa, Police Station Jagarnathpur, District Ranchi. 6. The Director (Technical), Science & Technology, Higher and Technical Education Department, Government of Jharkhand, Ranchi officiating from Yojna Bhawan, Nepal House, Post Doranda, Police Station Doranda, District Ranchi. 7. The Principal, Government Polytechnic, Kutari, Bokaro officiating from Government Polytechnic, Kutari, Post Kutari, Police Station Kutari, District Bokaro 8. The Principal, Government Women's Polytechnic, Bokaro officiating from Government Women Polytechnic, Bokaro, Post Bokaro, Police Station Bokaro, District Bokaro. ...........Appellants Versus 1. Md. Salim, aged about 59 years, son of late Md. Muslim, residing at Makdumpur, Simandi, Post Makdumpur, Police Station Balidih, District-Bokaro. 2. Ishwar Chandra Jaiswal, aged about 47 years, son of Late Prabhu Nath Prasad, residing at Rajkiya Polytechnic, Khutri, Mangladih, Bandhdih, Post Jaina More, Police Station Jaina More, District Bokaro. 3. Vijay Lal Keshri, aged about 58 years, son of Late Govind Saw Keshri, residing at Chas Road, Near B.S.N.L. Tower, Post Jaina More, Police Station Jaridih, District Bokaro. 4. Ajay Kumar Sinha, aged about 45 years, son of Late Dineshwar Prasad Sinha, residing at Rajkiya Polytechnic, Khutri, Mangladih, Bandhdih, Post Jaina More, Police Station Jaina More, District Bokaro. 5. Ziaul Haque aged about 48 years, son of Sri Anisul Haque, residing at Makdumpur, Simandi, Post Makdumpur, Police Station Balidih, District Bokaro. ............Respondents --- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE DEEPAK ROSHAN --- For the Appellants : Mr. Manish Kumar, Sr. S.C.-II For the Respondents : --- 02/ Dated:13.02.2025 I.A. No. 12486 of 2024 1. This application is filed under Section 5 of the Limitation Act to condone the delay of 547 days in filing this appeal challenging the judgment dated 31.03.2023 in W.P.(S) No. 4170 of 2022. 2. In the impugned order, the learned Single Judge without entering into the merits of the case, disposed of the writ petition by giving liberty to the respondents herein to file representation before the appellant no. 3 herein within four weeks and directed the appellant no. 3 to take a decision on the said representation within three weeks thereafter. We are shocked that against an order of this nature, not only is an appeal filed, but even the filing of the appeal is delayed by 547 days. 3. When the learned Single Judge has not issued any mandamus and has merely asked consideration of a representation to be done by the appellants, the appellants ought not to have preferred appeal in the first place, moreso with the delay. Therefore, I.A No. 12486 of 2024 as well as the appeal, are both dismissed with a cost of Rs.10,000/- to be paid by the appellants to the High Court Legal Services Committee within four weeks. (M. S. Ramachandra Rao, C.J.) (Deepak Roshan, J.) jk/vikas