Sudhir Kumar v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1769 of 2016 In Civil Writ Jurisdiction Case No.18994 of 2008 ====================================================== Sudhir Kumar, Son of Sri Suresh Sharma, Resident of Village- Sarta, P.S.- Parasbigha, District- Jehanabad.

... ... Appellant/s

Versus

1. The Union of India through the DG, CRPF, Block No.1, Premises of Central Office, Lodhi Road, New Delhi.

2. The DG, CRPF, Block No. 1, Premises of Central office, Lodhi Road, New Delhi.

3. Deputy Inspector General, (Personnel 3), Block No. 1 Premiese of Central Office, Lodhi Road, New Delhi.

4. Addl. DIG of Police, GC, CRPF, Mokamahghat, Patna.

5. The IG of Police, Bihar Sector, CRPF, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Rajesh Kumar For the Respondent/s :

Mr. S.D.Sanjay, Addl. S.G.

Mr Rajesh Kumar Verma, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date : 01-02-2018 Two writ applications were clubbed and heard together and then the writs were dismissed by a common order dated 15.07.2016. Both the writ petitioners preferred LPA. LPA of Ajit Kumar, which was registered as 1768 of 2016, came to be heard by a Division Bench and was dismissed vide order dated 21.12.2017 primarily on the ground that since the power of removal of the said appellant was exercised under Central Civil Services (Temporary Service Rules), 1965 since the said appellant and the present

Patna High Court LPA No.1769 of 2016 dt.01-02-2018 2/2 appellant were probationers, there was no occasion to go behind the order and find reasons for such removal.

Since the present appeal of Sudhir Kumar arises from the said order of the learned Single Judge, which has been held to be in order for the reasons provided in detail vide order dated 21.12.2017 passed in LPA No.1768 of 2016, the facts being identical as also the law applicable to such case, even the present appeal stands dismissed as the Court does not find any infirmity with the rational and reasoning provided by the learned Single Judge for dismissing the writ applications by taking note of the law and the judgments rendered by the Hon'ble Apex Court in quite a detail.

The appeal for the above reasons stands dismissed. (Ajay Kumar Tripathi, J) ( Nilu Agrawal, J) sk AFR/NAFR NAFR CAV DATE NA Uploading Date 03 .02.2018 Transmission Date NA