IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.39 of 2008 RAGHUNATH SHARMA . Versus THE STATE OF BIHAR & ORS . ----------- 02/ 30.09.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has prayed for review of a common order dated 26.6.2006 passed by a Division Bench of this court whereby large number of cases numbering 820 in total were disposed of on the understanding that they involved common issue of law as to whether the employees deserved to be regularized in service in the light of the judgment of the Apex Court in the case of Secretary, State of Karnataka & Ors Vs Uma Devi & Ors. In all those cases, order of the court was to constitute special committee to scrutinize the case of the concerned employee and take decision in accordance with law. On behalf of the petitioner, it has been submitted that his case was included in the list of 820 cases by mistake and in fact his counsel should have pointed out that the petitioner’s writ petition was directed against punishment of dismissal on account of charge of defalcation pursuant to a disciplinary proceeding. It is clear that the case of the petitioner i.e. CWJC No. 10692 of 1996 had not at all been considered by Division Bench in the common order whereby 820 cases were disposed of including the writ petition preferred by the petitioner. In the facts of this case although there is contributory negligence on the part of the petitioner’s counsel, in the interest of justice the prayer for review is allowed and it is made clear that the 2 common judgment and order dated 26.6.2006 shall not be applicable to the case of the petitioner i.e. CWJC No. 10692 of 1996 and it will stand restored to its original file. To that extent the prayer for review is allowed. CWJC No. 10692 of 1996 which had been admitted for hearing, should be listed for hearing before an appropriate bench without delay. (Shiva Kirti Singh, J) (Hemant Kumar Srivastava, J) shahid