IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.574 of 2008 ---- 1. The State Of Bihar through the Director General and Inspector General of Police, Main Secretariat, Patna. 2. The Director General and Inspector General of Police, Main Secretariat, Patna. 3. The Deputy Inspector General of Police, Personnel Bihar, Patna. 4. The Assistant Inspector General of Police, Investigation Bihar, Patna. 5. Senior Superintendent of Police, Patna. 6. The Sergent Major (I) Patna. … Respondents/Appellants Versus Harkesh Rai , son of Sri Shankar Rai, resident of Village Banjari, P.S. Gopalganj, District Gopalganj. …. Petitioner/ Respondent. 2. Geeta Devi widow of late Ram Naresh Rai, resident of village Banjari, P.O.+ P.S. Banjari District Gopalganj. … Respondent/ Respondent 2nd Set. ----------- For the appellant : Mr.Priyank Samdarshi, Junior counsel to Standing Counsel-XX For the respondent no.1 : Mr. S. Parasmani, Advocate -------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----- Dated, the 30th September, 2008 Appeal suffers from delay of 209 days. For condonation thereof, an application (I.A. No. 4517 of 2008) has been made. Even if, we condone the delay in filing the appeal, in our considered opinion, appeal is devoid of any substance and it does not deserve to - 2 - be admitted. 2. It is apparent from the available facts that the respondent no. 1 was appointed on compassionate ground on the post of Constable. As a matter of fact, the present respondent no. 2 recommended the appointment of respondent no. 1 after the death of Ram Naresh Rai. After ten years of the appointment , the present respondent no. 2 raised an objection of the appointment of respondent no. 1. The present appellants acted on that and dismissed the respondent no. 1 from service. The Single Judge has considered the matter in right perspective and held that dismissal of respondent no. 1 from service was unjustified and uncalled for. 3. We have no justifiable reason to take a view different from that of the Single Judge. L.P.A. is dismissed in limine. 4. This disposes of I.A. No. 4517 of 2008 as well. R. M. Lodha, CJ Kishore K. Mandal, J. Anil/