Patna High Court
Lapat RamversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- PARTHA SARTHY
Holding
The petition was dismissed for non‑prosecution as the petitioner failed to appear before the court.
Summary
Lapat Ram filed a civil writ petition seeking two increments, proper pension, correction of the 3rd ACP amount, release of Rs.1,54,522 adjusted from his retiral benefit, and 18% penal interest. The petition listed the State of Bihar and several officials as respondents. No counsel appeared on behalf of the petitioner on the hearing dates, including a prior date of 21.11.2024. Consequently, the Hon'ble Justice Partha Sarthy dismissed the petition for non‑prosecution. The dismissal was without any substantive consideration of the merits of the reliefs claimed.
Issues considered
- Whether the petition for increments, pension correction, and other monetary reliefs is maintainable in the absence of the petitioner’s appearance
- Whether the court can grant the reliefs sought when the petitioner fails to prosecute the petition
Subjects
- pension
- increment
- civil writ jurisdiction
- non‑prosecution
- petition dismissal
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1842 of 2017
======================================================
Lapat Ram Son of Late Jhagaru Ram, Resident of Village- Bagahi Deoraj,
Police Station- Lauriya, District- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Home Department,
Government of Bihar, Patna.
2. The Principal Secretary, Finance Department, Government of Bihar, Patna.
3. The Director General of Police, Special Branch, Government of Bihar,
Patna.
4. The Additional Director General of Police, Special Branch, Government of
Bihar, Patna.
5. The Inspector General of Police, Tirhut Range, Muzaffarpur, Bihar.
6. The Accountant General, Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the State : Mr. Manish Kumar, GP- 4
For the AG : Mr. Ram Kinkar Chaubey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 05-01-2026 No one appears for the petitioner. Learned counsel for
the respondents is present.
2. The petitioner has filed the instant application for
the following reliefs:
“(a) To grant two increments as
per office D.O. No.390 of 1985 to the
petitioner and accordingly fix the pension of
the petitioner.
(b) To grant Proper amount of 3rd
ACP wherein Rs. 4800/- has been given to
the petitioner instead of Rs.5400/-
Patna High Court CWJC No.1842 of 2017(4) dt.05-01-2026
2/2
(c) To direct the respondent
authorities to release Rs. 1,54,522/- which
has been adjusted from the retiral benefit of
the petitioner.
(d) To pay the 18% penal interest
over the entire dues payable to the petitioner.
(e) To any other relief/ reliefs
which the petitioner is found entitled in the
facts and circumstances of the case.”
3. No one appeared on behalf of the petitioner on
21.11.2024 also.
4. The case is dismissed for non-prosecution.
(Partha Sarthy, J)
sauravkrsinha/-
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