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Patna High CourtCWJC/364/2023disposed

Ranvijay Singh v. The State Of Bihar

2023-02-28Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.364 of 2023 ====================================================== Ranvijay Singh, Son of Asharfi Rai Resident of Ward No.-14, Andhanwaria, Bidupur, P.S.-Bidupur, District-Vaishali, (Bihar) 844502. ... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secreary, Government of Bihar, Patna. 2.

The Home Secretary, Govt. of Bihar, Patna.

3.

The D.G. Cum-I.G. of Police, Bihar, Panta.

4.

The D.I.G. of Police, Eastern Range, Bhagalpur, 5.

The Senior S.P., Bhagalpur.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Hriday Prasad, Advocate For the Respondent/s :

Mr.Ajay Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner and the State. Petitioner in the present case is seeking a writ in the nature of Mandamus directing the respondents to consider his case for grant of the benefit of 3rd M.A.C.P. under the relevant rules.

The petitioner claims that he was appointed as Constable on 01.02.1982 and had maintained good service records. He however suffered paralytic attack and fell on bed whereafter he became unable to do his daily routine. His request for voluntary retirement was not considered whereafter he filed a writ petition in this Court and after that he was granted voluntary retirement.

Learned counsel for the petitioner submits that the

Patna High Court CWJC No.364 of 2023(2) dt.28-02-2023 2/2 petitioner is entitled for 3rd M.A.C.P. but his representations in this regard submitted before the D.I.G. of Police, Eastern range, Bhagalpur (respondent no. 4) is not being considered. Learned counsel for the State has no objection in a direction to the respondent authorities to consider the representations of the petitioner and in case the petitioner is found entitled to the 3rd M.A.C.P., the same be allowed to him. Having regard to the submissions noted hereinabove, this Court directs the D.I.G. of Police, Eastern range, Bhagalpur (respondent no. 4) to consider the representation of the petitioner as contained in Annexure '1' to the writ application as per rules and in case the petitioner is found entitled for the 3rd M.A.C.P., the same should be allowed to him without further delay.

The consequential order shall be passed by the D.I.G. of Police, Eastern range, Bhagalpur (respondent no. 4) within a period of three months from the date of receipt/ production of a copy of this order.

This Writ Application stands disposed of.

(Rajeev Ranjan Prasad, J) tusharika/- U