Amit Kumar Pandey v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18067 of 2016 =========================================================== Amit Kumar Pandey S/o Late Jivendra Pandey R/o Village- Gandul P.O.- Manjhaul P.S.- Bihra, District- Saharsa.

.... .... Petitioner

Versus

1. The State of Bihar through the District Magistrate, Vaishali.

2. Superintendent of Police Vaishali. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Diwakar Prasad Singh, Adv. For the Respondent/s : Mr. Md. Nashrul Hoda Khan, SC1 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 16-10-2017 Heard Mr. Diwakar Prasad Singh, learned counsel for the petitioner and Mr. Nausazuddoha, AC to SC-1, for the State. The petitioner prays for a direction to the District Magistrate, Vaishali (respondent no.1) to consider his case for appointment against Class III post on compassionate ground in terms of the recommendation so made by the District Compassionate Committee on 28.6.2014.

Plea of the petitioner for compassionate appointment is not disputed in the counter affidavit so filed on behalf of the respondents, rather it is admitted that the name of the petitioner has been recommended for appointment on the post of Constable on compassionate ground but since during the course of verification it has transpired that the petitioner is a non-F.I.R. accused in a case arising from Bihar P.S.Case No. 67/2011 that the matter has been put on hold.

Mr. Singh, learned counsel for the petitioner, informs that the

Patna High Court CWJC No.18067 of 2016 dt.16-10-2017 case is of the year 2011 and yet no charge sheet has been submitted although a period of more than five years has lapsed. He also submits that there are no direct allegation against the petitioner rather the case of the petitioner is being prejudiced on an unfounded allegation. Having heard learned counsel for the parties and considering that there is no opposition on the claim of the petitioner for compassionate appointment rather the appointment process has been obstructed merely because of intimation given by Saharsa Police, which has not even translated into a charge sheet, I am of the opinion that in the circumstances discussed where neither the petitioner is an F.I.R.

accused nor any charge sheet has been filed against him, the reasons assigned at paragraph 6 of the counter affidavit cannot be held sufficient enough to deny him the relief. The District Compassionate Committee, Vaishali chaired by the District Magistrate is accordingly directed to consider the case of the petitioner for compassionate appointment on the post of Constable and take the recommendation to its logical conclusion within a period of three months from the date of receipt/ production of a copy of this order.

The writ petition is allowed.

(Jyoti Saran, J) Surendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.10.2017 Transmission Date NA