Patna High CourtCWJC/14229/2008allowed

Mukesh Kumar v. The State Of Bihar And ORS

2017-01-31Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14229 of 2008 =========================================================== Mukesh Kumar, s/o Sri Jai Mangal Thakur, r/v- Muraitha, P.S. - Jale, District - Darbhanga .... .... Petitioner/s

Versus

1. The State of Bihar through the Director General and Inspector General of Police, Bihar, Old Secretariat, Patna

2. The Director General of Police and Inspector General of Police, Bihar, Old Secretariat, Patna

3. The Additional Director General of Police Training Bihar, Patna

4. The Inspector General of Police, Law and Order, Bihar, Patna

5. The Superintendent of Police, Rohtas .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. AWADHESH KUMAR MISHRA, Adv. Mr. Ajay Kumar Adv.

Mr. Manoj Prabhakar Adv.

Mr. Ujjawal Kumari Adv.

Mrs.Sandhya Sharma Adv.

For the Respondent/s : Mr. Upendra Kumar Singh (AC to GA-8) =========================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL JUDGMENT Date: 31-01-2017 Heard Mr. Awadhesh Kumar Mishra learned counsel for the petitioner and Mr. Upendra Kumar Singh learned A.C. to G.A.-8. The petitioner preferred this writ petition for quashing the District Order No. 2239/2008 as contained in Memo No. 3232 annexure-3 whereby, the service of the petitioner Mukesh Kumar along with other constable Brij Bihari Singh and others were terminated, but Brij Bihari Singh and another preferred C.W.J.C. No. 14213/2008. Umesh Paswan preferred C.W.J.C. No. 14238/2008 and other constables also preferred C.W.J.C. No. 13990/2008. Vide

Patna High Court CWJC No.14229 of 2008 dt.31-01-2017 2/2 Judgement dated 06.09.2010, the order terminating the services of the constables are set aside and the writ petitions are allowed. The case of the petitioner is squarely covered.

Accordingly, the order, as contained in District Order no. 2239/2008 in view of the aforesaid Judgement is set aside and accordingly, the writ petition is allowed.

(Prabhat Kumar Jha, J.) Vinita/- U