Shishupal Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2468 of 2019 ====================================================== Shishupal Kumar S/o Satyendra Yadav Resident of Village- Lakhachak, P.S.- Belchhi, District- Patna, Pin- 803110 ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Home Department, Government of Bihar, Patna

2. The Director General of Police-cum-I.G. of Police, Bihar, Patna

3. The D.I.G. of Police, Shahabad, Range, Dehri

4. The S.P. of Bhojpur, (Aara) ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Ranjit Jha, Advocate For the Respondents :

Mr. Sheo Shankar Prasad (SC 8) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 19-02-2019 Heard the learned counsel for the petitioner and the State.

2. The petitioner seeks a direction to the respondents authorities to permit him to rejoin his services as a Constable.

3. It is the case of the petitioner that pursuant to an advertisement issued by the Central Staff Selection Commission for the post of Constables, the petitioner had applied and was declared successful. He was handed over the appointment letter and was permitted to join the service. However as the requirement was of furnishing a character certificate from the local police station, the petitioner approached the concerned police station and he was dismayed that the local police station had furnished

Patna High Court CWJC No.2468 of 2019 dt.19-02-2019 2/3 incomplete information about the petitioner facing trial in a case viz. Belchi P.S. Case No. 44 of 2009.

4. Learned counsel for the petitioner has submitted that the aforesaid information is a truncated one as the petitioner stands acquitted in the aforesaid trial. The petitioner has serious apprehension that perhaps, only on account of such information having been provided to the department that the petitioner has not been permitted to rejoin his duties.

5. No order has been passed by the respondents stopping him from joining the duty or cancelling his appointment or intimating to him that for his not having declared the correct status whether he was accused in any criminal case during the process of selection.

6. The petitioner has been representing before the Superintendent of Police, Bhojpur and the Director General of Police-cum-I.G. of Police, Bihar, Patna but to no effect.

7. Since the petitioner has been acquitted on the basis of compromise between the parties, this Court deems it appropriate to direct that in case the petitioner makes a representation afresh before the Superintendent of Police, Bhojpur, giving the details of the nature of accusation against him and the final result in the trial, such representation shall be considered by the Superintendent

Patna High Court CWJC No.2468 of 2019 dt.19-02-2019 3/3 of Police, Bhojpur within a period of four weeks of its receipt in his office.

8. It is expected that the Superintendent of Police, Bhojpur shall take a call on the issue and pass a reasoned order within the aforesaid stipulated time taking into account that with the acquittal of the petitioner, no case is in existence against the petitioner.

9. With the aforesaid direction/observation, the writ petition is disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.02.2019 Transmission Date