Patna High CourtL.P.A/78/2017dismissed

Devanand Kumar Paswan v. The State Of Bihar And ORS

2017-11-20The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.78 of 2017 In Civil Writ Jurisdiction Case No.9251 of 2014 ====================================================== Devanand Kumar Paswan Son of Lalho Paswan, Resident of Village-Laxmi Nagar Hat, P.S.-Gogari, District-Khagaria.

... ... Appellant/s

Versus

1. The State of Bihar, through its Chief Secretary, Govt.of Bihar, Patna

2. The District Magistrate, Khagaria.

3. The Superintendent of Police , Khagaria.

4. The Sub-Divisional Magistrate, Gogari, Khagaria. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

For the Respondent/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 20-11-2017 Defects pointed out by the office is ignored. Delay of 53 days in filing of the appeal is condoned. I.A. No. 292 of 2017 stands allowed and disposed of. The appellant seeks appointment on the post of Chowkidar and Dafadar based on the nomination made by his grandfather. The learned Writ Court having rejected the prayer, this appeal under clause 10 of the Letters Patent. It has been found by the learned Writ Court that now after formulation of statutory rules for appointment on the post of Chowkidar and Dafadar, the system of appointment by

Patna High Court LPA No.78 of 2017 dt.20-11-2017 2/2 nomination, which is found to be violative of Articles 14 and 16 of the Constitution, cannot be given effect to and holding that now appointment to the post of Chowkidar and Dafadar can be made only after following the due process and rules for recruitment the writ petition has been dismissed. In doing so, we are of the considered view that the learned Writ Court has not committed any error warranting reconsideration. The Letters Patent Appeal is dismissed. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P.

AFR/NAFR N.A.F.R.

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Uploading Date 21.11.2017 Transmission Date