IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.572 of 2008 THE STATE OF BIHAR & ORS Versus BRAJ BHUSHAN SHARMA ----------- For the appellant : Mr. Sunil Kumar Mandal, S.C. XV ----- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal -------- Dated, the 31st July, 2008. Although appeal suffers from delay of 142 days and for which an application for condonation of delay being I.A. No. 4515 of 2008 has been made, but, in our view, even if the delay in filing the appeal is condoned, there is no merit in the appeal at all. 2. The Single Judge considered the matter thus: “This Court is satisfied that the writ application has to be allowed on the very short ground that the show cause notice was vague. In any event, the petitioner submitted his reply raising specific issues. The respondents purport to have based the impugned order on an order dated 12.9.1996, yet they have chosen not to bring any such order on record. Thereafter on 7.8.1999, despite cancellation of his appointment in the B.A. Trained Scale his pay scale therein came to be fixed all of which is not disputed. In the present impugned order dated 28.9.2000, which they have chosen to place on record , no reasons have been assigned and it is entirely based on an order dated 12.9.1996 which the respondents have chosen not to show the light of the day.” 3. When we asked the counsel for the appellants to show order dated 12th September, 1996 based on which the order dated 28th - 2 - September, 2000 is said to have been passed, learned counsel for the appellants did not show us that order. The Single Judge also recorded that the order dated 12th September, 1996 which was the foundation of the order dated 28th September, 2000 was not placed on record. We are, thus, in agreement with the view of the Single Judge. L.P.A. is dismissed in limine. 4. This disposes of the application for condonation of delay being I.A. No. 4515 of 2008 as well. 5. Since the appeal has been dismissed in limine, the question of interim relief does not arise. I.A. No. 4516 of 2008 also stands dismissed accordingly. R. M. Lodha, CJ Kishore K. Mandal, J. Anil/