Bhikhari Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7075 of 2021 ====================================================== Bhikhari Bhagat Son of Sukhdev Bhagat Resident of Village Alipurhatta, (Near Shiv Mandir), P.S. - Mahanar, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Home Department, Govt. of Bihar, Patna 2.

The District Magistrate Vaishali.

3.

The Superintendent of Police Vaishali 4.

The Officer in Charge Mahanar, District- Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate For the Respondent/s :

Mr. Suman Kumar Jha, AC to AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 18-05-2022 Heard learned counsel for the respective parties.

2. In the instant petition, petitioner has prayed for the following relief/reliefs:

"That, this is an application for issuance of writ in the nature of mandamus or any other appropriate writ/Writs or order/orders or direction/directions or circular/circulars to the correspondent respondent the Dist. Magistrate Vaishali (Respondent No. 2) for directing to appoint/Join Sanjeet Kumar Paswan on the post of chaukidar

Patna High Court CWJC No.7075 of 2021 dt.18-05-2022 2/3 because the petitioner served the application before the District Magistrate Vaishali (Respondent No. 2) on 30.04.2020 for voluntary retirement with effect from 30.06.2020 (Voluntary retirement in terms of notification dated 05.03.2014 issued by the Home Department amending Bihar Chukidar Cadre Rules) and no action has taken on the said application till now."

3. Today learned counsel for the State Mr. Suman Kumar Jha had instruction from the District Magistrate, Vaishali that the petitioner had not furnished Annexures - 7 and 8 representations dated 30.04.2020 and 30.05.2020.

4. Perusal of Annexures 7 and 8 do not reveal seal and signature of the office of the District Magistrate, Vaishali. In other words, petitioner has mislead this Court stating that he has already approached the District Magistrate in submitting representations in respect of grievance of the petitioner. On the ground of misrepresentation by the petitioner in the present case stating that he had filed the representation, the present petition stands dismissed with a cost of Rs. 5,000/-

5. Cost shall be remitted in the Patna High Court Legal Services Committee, Patna High Court within a period of two months from today. If the petitioner has any grievance which is yet to be settled, in that event, he may be permitted to make

Patna High Court CWJC No.7075 of 2021 dt.18-05-2022 3/3 representation/application under the seal and signature of the office of the concerned authority.

(P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 20.05.2022 Transmission Date