IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.291 of 2011 ====================================================== Collector Yadav Son of Late Shiv Nath Yadav, resident of village- Kungi Yawan, P.S. Bihta, District Patna .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Director General of Police, Bihar, Patna 3. The Inspector General of Police (Military Police), Bihar, Patna 4. The Additional General of Police (Military Police), Bihar, Patna 5. The Deputy Inspector General of Police (Military Police), East Division, Bhagalpur (Bihar) 6. The Deputy Inspector General (Personnel), Bihar, Patna 7. The Commandant, B.M.P. 8, Begusarai (Bihar) .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Indu Shekhar Pd. Sinha, Sr. Advocate Mr Shashi Nath Jha, Advocate For the Respondent/s : Mr. Rakesh Kr Samrendra, SC21 Mr Md. Obaidullah, AC to SC 21 ====================================================== 4 16-11-2011 Heard learned counsel for the petitioner and perused the entire relevant records leading to this restoration petition. IA No.3609 of 2011 has been filed under Section 5 of the Limitation Act seeking condonation of delay of about 4 ½ years in filing restoration petition. If the explanation for delay is accepted as bona fide, allowing restoration petition would restore a review application bearing no.178 of 2005. That review application seeks review of order of the Division Bench passed in LPA No.458 of 2005 whereby the appeal was summarily dismissed after noticing that the grievance of the appellant/ petitioner herein is only with regard to arrears which cannot be Patna High Court MJC No.291 of 2011 (4) dt.16-11-2011 2 allowed in view of earlier decision in litigation. The history of earlier litigation has been noted by the learned single Judge while dismissing the third writ petition preferred by the petitioner bearing CWJC No.3422 of 2000 vide order dated 23.3.2005. The petitioner was dismissed from police service on 20.3.1976. His appeal was dismissed as time barred on 30.10.1981. On account of some questions raised in the Legislative Assembly, he was given relief of reinstatement in service by the Director General of Police, Bihar but was denied wages for the period he had not worked between 1.4.1975 to February 1989. The first writ petition preferred by him bearing CWJC No.466 of 1993 was dismissed as withdrawn without liberty to move this Court afresh. His second writ petition bearing CWJC No.6754 of 1995 was dismissed on 9.12.1996 considering the order passed in the earlier writ petition. An attempt was made to seek some relief by filing the third writ petition on the plea that the prayer of the petitioner for wages was again rejected by the Director General on 6.2.1999. The Writ Court and the Division Bench found that the petitioner had no fresh cause of action for claiming wages. On consideration of the entire facts and circumstances and in that view after going through the grounds for condoning the delay, we are of the considered opinion that no good ground has Patna High Court MJC No.291 of 2011 (4) dt.16-11-2011 3 been made out for such unusual delay in seeking restoration of the review petition. The attempt of the petitioner is to take fresh chances after earlier rejection of his claim. We find no merit in the restoration petition. It is accordingly dismissed. sk (Shiva Kirti Singh, J) (Ahsanuddin Amanullah, J)