IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.162 of 2009 KAMAL DEO PANDEY son of late Gopal Pandey, resident of village Singhi, P.O. Mohammadpur, P.S. Manjhi, District Saran, at present posted as Saakshar Aarakhi(L.C.) Police Radio, T.S. Building Bailey Road, P.S.Shastri Nagar, Patna deputation in the office at S.D.P.O., Danapur, Patna Versus 1. THE STATE OF BIHAR 2. The Home Commissioner, Government of Bihar-Old Secretariat, Patna 3. The Director General of Police, Government of Bihar, Old Secretariat, Patna 4. The Joint Secretary to the Government of Bihar, Home Police Department, Patna 5. The Deputy Secretary to the Government of Bihar, Home Police Department, Bihar, Patna 6. The Assistant to I.G. Police(Wireless) Home Police Department, Patna 7. The D.G.P., Mizoram, Aizawl 8. The Superintendent of Police ( W) Mizoram, Aizawl … … Respondents For the petitioner: Mr. Rakesh Kumar For theState: Mr. P.K.Verma, A.A.G. XI ----------- 3. 17.3.2009 M.J.C. No. 2102 of 2008 filed for restoration of C.W.J.C. No. 8249 of 2007 which stood dismissed on 23.6.2008 on the ground of non-prosecution was dismissed on 19.11.2008. Earlier also the aforesaid writ petition was dismissed for default. This Letters Patent Appeal has been preferred against the aforesaid order passed in M.J.C. 2 No. 2102 of 2008. It is the case of the appellant that he has been put out of service without any salary for the last three years. It is stated that the matter was entrusted to the counsel who went out side of the Station and fell ill there and, therefore, he did not notice the list. Even though we are not fully satisfied with the cause shown, we are of the view, in the interest of justice, that an opportunity should be given to the petitioner to argue on the merit of the matter and the petition can be allowed on condition. We therefore, set aside the impugned order and restore the writ petition to its original file on the condition that the petitioner shall not seek any adjournment and shall argue the merit when the case is listed as last chance. The appeal stands allowed with the above direction. Kanth ( J.B. Koshy, C.J.) ( Dharnidhar Jha, J.)