IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1082 of 2010 IN CWJC No. 4146 of 1998 RAM CHANDRA PRASAD YADAV @ RAM CHANDRA YADAV, S/o Late Deodhari Prasad Yadav, R/o Village – Garhi Bishanpur, P.O. Keul Dharamsala, P.S. Lakhisarai (Munger), District – Lakhisarai (Munger) ……………... Petitioner - Appellant Versus 1. THE STATE OF BIHAR through the Chief Secretary, Government of Bihar, Patna, 2. THE DIRECTOR GENERAL-CUM-INSPECTOR GENERAL OF POLICE, Old Secretariat, Bihar, Patna, 3. THE A.I.G. OF POLICE (WELFARE), Bihar, Patna, 4. THE I.G. OF POLICE, Bhagalpur Zone, Bhagalpur, 5. THE D.I.G. OF POLICE, Eastern Range, Bhagalpur, 6. THE SUPERINTENDENT OF POLICE, Bhagalpur ……. Respondents – Respondents. =================================================== Appearance- MR DEVENDRA KUMAR SINHA, Sr. Advocate with MR ABHINAY RAJ, Advocate for the Appellant. MR RAY SHIVAJI NATH, AAG-IV with MR RAY SAURABH NATH, AC TO AAG-IV for the Respondents. =================================================== CORAM : HON’BLE THE CHIEF JUSTICE AND HON’BLE MR JUSTICE S.K. KATRIAR -------------- Date : 13.07.2010 (ORAL ORDER) - 2 - (PER : HON’BLE MS JUSTICE R.M. DOSHIT, CJ) Re. I.A. No. 5928 of 2010. This is an application made under Section 5 of the Limitation Act for condonation of delay of four days occurred in filing the above Letters Patent Appeal. On the facts and in the circumstances, the delay is condoned. The Interlocutory Application stands disposed of. Re. L.P.A. No. 1082 of 2010. Heard the learned advocates. Feeling aggrieved by the judgment and order dated 08.04.2010 passed by the learned single Judge, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent. On 13.05.1986 the appellant, then a Police Constable, was found to be in illegal possession of a country-made pistol and live cartridges for which he was arrested and was prosecuted in the court of Judicial Magistrate 1st Class, Bhagalpur in the criminal case G.R. No. 995 of 1986. By the judgment and order dated - 3 - 04.02.1991 passed by the learned trial Judge, the appellant was acquitted of the charges under the Arms Act levelled against him. Since his acquittal a disciplinary action was initiated against the appellant in the month of April, 1991 for carrying unauthorized arms as well as for receiving salary for the period while he was in judicial custody and was placed under suspension. On both the charges being proved, by order dated 03.10.1997 made by the Superintendent of Police, Bhagalpur, the appellant was dismissed from service. Feeling aggrieved, the appellant filed the above CWJC No. 4146 of 1998 in this Court. The learned single Judge was pleased to dismiss the Petition. Therefore, the present Appeal. In view of the charges of being in illegal possession of a country-made pistol and the live cartridges and of receiving salary while he was in judicial custody and was under suspension, the appellant being a Police Officer, no leniency is warranted. We agree with the learned single Judge. The Appeal is dismissed in limine. - 4 - I.A. No. 5927 of 2010 stands disposed of. Dilip ( R.M. Doshit, CJ ) ( S.K. Katriar, J )