Arun Kumar Choubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4363 of 2020 ====================================================== Arun Kumar Choubey Son of Harischandra Choubey Resident of MohallaGaushala, P.S. and District- Katihar. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Home Secretary, Government of Bihar, Patna. 3.

The Director General of Police, Government of Bihar, Patna. 4.

The Inspector General cum Head Commandant, Home Department, General Police and Fire Bridge Bureau Party, Patna, Bihar. 5.

The Commandant, Special Battalion, Bihar Home Guard Bihta, Patna. 6.

The Deputy Commandant, Special Battalion, Bihar Home Guard Bihta, Patna, Bihar.

7.

The District Commandant Bihar Home Guard Police, Patna, Bihar. 8.

The District Commandant, Bihar Home Guard Police Jehanabad, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Harun Quareshi, Adv.

For the Respondent/s :

Mr. Md. Nadim Seraj (GP-5) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-03-2024 Learned counsel for the petitioner and learned counsel for the State are present.

2. This writ petition has been filed for quashing of the order contained in Memo No. 118 dated 10.03.2011 passed by Respondent No. 4 and memo No. 5115 dated 31.05.2012 passed by respondent no. 2.

3. Learned counsel for the petitioner submits that petitioner was initially appointed in Bihar Home Guard in the year 2008 and has completed his training successfully from Central Training Institute Bihar Home Guard, Bihta Patna.

4. Learned counsel submits that the case of the

Patna High Court CWJC No.4363 of 2020(5) dt.22-03-2024 2/2 petitioner is squarely covered from the case of Neeraj Kumar Vs. State of Bihar passed in C.W.J.C. No. 275 of 2019. Counsel submits that in the light of the aforesaid order, the petitioners of the writ petition was granted relief and started working. Counsel submits further that vide Annexure-7, the present petitioner as well as petitioner of C.W.J.C. No. 275 of 2019 where aggrieved.

5. Learned counsel for the State submits that if petitioners case is similarly situated as that of the petitioners of C.W.J.C. No. 275 of 2019 then remedy is available to the petitioner to move before the appropriate authority under 4(C) of Bihar Litigation Policy, 2011.

6. In this background, petitioner is directed to file his representation within 30 days before Respondent no. 4 and he after the end of Lok Sabha 2024 Elections shall pass a reasoned and speaking order on the petitioner's representation within 90 days thereafter.

7. With the aforesaid directions, this writ petition is hereby disposed off.

(Dr. Anshuman, J.) Sunnykr/- U