Mukul Kumar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8267 of 2021 ====================================================== Mukul Kumar Son of Sri Ajit Kumar Singh Resident of Village- Ratanpura, Police Station - Bhaywanpur, Distrcit - Vaishali. ... ... Petitioner/s

Versus

1.

The Union of India Through the Secretary, Ministry of Home Affairs, Lodhi Road, New Delhi 2.

The Director General, Border Security Force 10 C.G.O. Complex, Lodhi Road, New Delhi.

3.

The Inspector General, Border Security Force 10 C.G.O. Complex, Lodhi Road, New Delhi.

4.

The Deputy Inspector General Border Security Force 10 C.G.O. Complex, Lodhi Road, New Delhi.

5.

The Commandant (Rectt), Office of the Director General, Border Security Force 10 C.G.O. Complex, Lodhi Road, New Delhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar For the Respondent/s :

Mr. Dr. K. N. Singh (ASG) For the Union of India :

Mr. Awadhesh Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 14-02-2022 The matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

Learned counsel for the Union of India accepts notice for the respondents.

Learned counsel for the petitioner is hereby directed to furnish copy of the petition.

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

Patna High Court CWJC No.8267 of 2021 dt.14-02-2022 2/3 For issuance of a writ in the nature of mandamus commanding and directing the respondent authorities to consider the case of the petitioner for promotion against the post of Sub-Inspector (GD) in Border Security Force, through the Limited Departmental Competitive Examination (LDCE), 2018-2019 with all consequential benefits attached to the said promoted post and the petitioner further prays for issuance of such other order or direction for which he may be found legally entitled to in the facts and circumstances of the case as stated herein under.

The aforesaid relief is supported by representation dated 16.02.2021 vide Annexure-5, Annexure-6 and Annexure7. The concerned respondent is hereby directed to examine the petitioner's eligibility. If he is, otherwise, eligible for promotion to the post of Sub-Inspector (GD) in Border Security Force, his name shall be considered and necessary benefit shall be

Patna High Court CWJC No.8267 of 2021 dt.14-02-2022 3/3 extended to him. If he is not entitled, in that event, necessary speaking order shall be passed and communicated to him. The above exercise shall be completed within a period of three months from the date of receipt of this order. With the above observation, writ petition stands disposed of.

(P. B. Bajanthri, J) Ankit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.02.2022 Transmission Date NA