Patna High CourtC. REV./472/2016dismissed

Sanjay Kumar Gupta v. The State Of Bihar And ORS

2017-02-23Justice Smt. Nilu Agrawal,Mr. Justice Navaniti Prasad Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.472 of 2016 In LPA 1127 of 2013 ====================================================== Sanjay Kumar Gupta, S/o Late Brahmdeo Prasad Gupta, resident of VillageGopalpur, P.O. & P.S. Anchal Sahpur, District- Bhojpur. .... .... Petitioner.

Versus

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

2. The District Magistrate, Katihar.

3. The Deputy Collector, Zila Establishment Department, Katihar.

4. The Deputy Development Commissioner, Katihar.

5. The Superintendent of Police, Jail, Katihar.

6. The Jail Superintendent, Jail, Katihar. .... .... Respondents. ====================================================== Appearance :

For the Petitioner : Mr. Sachida Nand Kishore Pd. Sinha, Adv. For the Respondents : Mr. Prabhat Kumar Verma, AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH And HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) 23-02-2017 The petitioner had sought compassionate appointment, which was rejected by the department on the ground that the family had two other members who were in government employment i.e.

the elder brothers of the petitioner.

Compassionate appointment was sought on the death of the father. The department rejected his claim so the Writ Court. In the IntraCourt appeal also the Court did not take a different view of the matter.

The review is sought on the ground that in some other case the department had conducted an enquiry because the other family members were ignoring to support the applicant of

Patna High Court C. REV. No.472 of 2016 (03) dt.23-02-2017 - 2 - that case. He was given compassionate appointment. In our view, this is no ground for review. This was neither urged before the authority nor before the Writ Court nor in the Intra-Court appeal. It cannot be allowed to be raised first time in the review application.

This application is misconceived and is dismissed accordingly.

(Navaniti Prasad Singh, J.) (Nilu Agrawal, J.) Trivedi/- U