IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL NO.1375 of 2010 IN CIVIL WRIT JURISDICTION CASE No. 8939 of 2005 WITH INTERLOCUTORY APPLICATION NO.7687 of 2010 IN LETTERS PATENT APPEAL NO.1375 of 2010 ========================================== Manoj Kumar Singh s/o late Kanhaiya Singh, r/o Mohalla – Dhakanpura (Gardanibagh) P.S. – Gardanibagh, District – Patna …………… Appellant Versus 1. The State Of Bihar through the Inspector General-cum-Director General of Police, Bihar, Patna 2. The D.I.G., Special Branch, Bihar, Patna 3. The Superintendent of Police (Security), Special Branch, Bihar, Patna 4. The Deputy Superintendent of Police, Headquarters, Special Branch, Bihar, Patna ………………… Respondents =================================================== APPEARANCE For the Appellant : None For the Respondents : None ================================================= CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 6/9/2010 IA. No.7687 of 2010 This application under section 5 of the Limitation Act is made by the appellant for condonation of delay of 414 days occurred in filing the above Letters Patent Appeal. The only ground put forth by the appellant is that before 27th July 2010 he was not aware of the decision in the writ petition filed by him. No supporting material has been placed on the record. LPA. No.1375 of 2010 This Appeal under Clause 10 of the Letters Patent has been preferred by the writ petitioner against the 2 judgment and order dated 1st May 2009 passed by the learned Single Judge in CWJC. No.8939 of 2005. On 17.11.1997 a disciplinary proceeding was initiated against the appellant – a Constable in the Bihar Police Force. The imputation of charges made against the appellant was that he was caught red-handed while making attempt to kidnap a businessman named Saryu Prasad, for which the criminal case was lodged against him; he remained absent without leave on 16th November 1997 and from 31st January 1996 to 21st July 1997; and that a police case was registered against him for offence punishable under section 302 read with section 34 of the Indian Penal Code. The imputation of charges was held to be proved. By order dated 2nd July 1999 the appellant was dismissed from service by the disciplinary authority. The departmental appeal was rejected on 26th June 2003 and the memorial filed before the Director General of Police was dismissed on 12th May 2005. Feeling aggrieved, the appellant preferred the above CWJC No.8939 of 2005. The learned Single Judge dismissed the writ petition. Hence, this Appeal. As we have recorded hereinabove, the Appeal has been filed 414 days beyond the period of limitation for which no justification is made out. We see no merit in the Appeal either. Limitation Application is rejected. Appeal stands disposed of. Neyaz/ ( R. M. Doshit,CJ.) (Jyoti Saran. J.) 3