Nishant Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1718 of 2019 ====================================================== Nishant Kumar, aged about 32 years (Male), Son of Kameshwar Prasad Singh, Resident of Village- Majirabad, P.S.- Goroul, District- Vaishali. ... ... Petitioner/s

Versus

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

2. D.G. of Police, Bihar, Patna.

3. A.D.G. (Wireless), Bihar, Patna.

4. S.P. (Wireless), Bihar, Patna.

5. A.D.G. (Head Quarter) Bihar, Patna.

6. S.P.. Jehanabad.

7. S.P.(C), C.I.D., Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Shruti Sinha, Adv.

Mr. Ebrahim Kabir, Adv.

For the Respondent/s :

Mr. P.K. Verma (AAG3) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 31-01-2019 Pursuant to an advertisement issued by the Bihar Police Radio Organization seeking applications from desirous Constables working under various heads for being absorbed on the post of Literate Constables, the petitioner, serving the Constabulary of Jehanabad, also applied through the District Unit Head before the cut-off date. The application of the petitioner was forwarded to the Bihar Police Radio Organization, but a clarification was sought

2/4 from the Superintendent of Police, Jehanabad. The clarification was also sent after verification of records but, in the meantime, the petitioner was transferred in the C.I.D. Department, Govt. of Bihar. The Bihar Police Radio Organization, thereafter, sought necessary information from the C.I.D., which too was dispatched. However, the petitioner could not be considered and absorbed in the Bihar Police Radio Organization; perhaps for the reason that the details of his application were made available to the Bihar Police Radio Organization only later than the cut-off date, as fixed in the advertisement.

2. The learned counsel for the petitioner has submitted that the petitioner cannot be faulted for this and the Superintendent of Police, C.I.D. as well as Superintendent of Police, Jehanabad have sent the details/specifics of the petitioner. Apart from this, since the petitioner has been serving as a Constable, all records are with the Department and, therefore, it was not expected that the inquiry with respect to the details would take any further time.

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3. In any view of the matter, it has been submitted by the learned counsel for the petitioner, that according to his information, the posts of Literate Constable (Operator) are still vacant and it would be better for the Bihar Police Radio Organization as also for the desirous applicants like the petitioner that his case be considered appropriately for his absorption in the Bihar Police Radio Organization. A representation has also been made by the petitioner, but the same has not yet been acted upon.

4. In order to facilitate the case of the petitioner and the decision making process at the end of the Additional Director General (Wireless), Bihar, Patna (respondent No. 3), this Court directs the petitioner to make a detailed representation, enclosing a copy of this order, before the Additional Director General (Wireless), Bihar, Patna (respondent No. 3) within a period of three weeks from the date of receipt/production of a copy of this order, which shall be respond/acted upon by Additional Director General (Wireless), Bihar, Patna (respondent No. 3) within a period of six weeks thereafter. If the claim of the petitioner

4/4 is found to be tenable, necessary direction shall be issued within the aforesaid period.

5. With the aforesaid observation and direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 05.02.2019 Transmission Date N/A