Executive Officer (Earlier Sub-Divisional Officer, Jamtara cum Executive Officer) v. Bijoy Kumar Singh @ Vijay Singh @ Vijay Kumar Singh
2023-02-22
S.K.MISHRA, SUJIT NARAYAN PRASAD
body2023
DigiLaw.ai
ORDER : (S.K. Mishra, J.) Upon hearing the learned counsel for the parties, the Court made the following order : I.A. No. 568 of 2021 2. This is an application for condonation of delay in filing the L.P.A. There is a delay of 183 days, which has occurred in preferring this appeal. 3. From the averments made in the application, it is seen that the State is only stating that the delay has occurred due to movement of file from one office to another for the purpose of obtaining opinion and related orders. It is not a valid ground for condonation of delay. This Interlocutory Application is dismissed being devoid of merit. L.P.A. No. 44 of 2021 4. In this Letters Patent Appeal, the appellant has assailed the order passed by the learned Single Judge in W.P.(S) No. 2699 of 2018 on 14.08.2019, whereby the writ petitioner-respondent No.1 approached this Court for quashing the order contained in Memo No. 13 dated 08.01.2018 i.e. Annexure-7, issued by the Executive Officer, Nagar Parishad, Mihijam, i.e. respondent no. 3, whereby the writ petitioner was dismissed from service without holding any inquiry/disciplinary proceeding or without waiting for the judgment in connection with Vigilance Case No. 07 of 2017 arising out of First Information Report being Dumka (ACB) P.S. Case No. 04 of 2017, pending before the learned Special Judge, Vigilance (ACB), Dumka. 5. We have perused the impugned order before us. 6. Admittedly, no departmental enquiry was held. It is also not disputed that a criminal case is pending against the writ petitioner under the provision of Prevention of Corruption Act, 1988, but, pendency of a criminal case against an employee is not a ground to terminate the services of the employee. The respondents should have initiated departmental proceeding. 7. In that view of the matter, we do not find any merit in this appeal. Hence, the instant appeal is dismissed being devoid of merit. 8. Pending applications, if any, also stand disposed of.