Patna High CourtL.P.A/1153/2016dismissed

Santosh Kumar Sharma v. The State Of Bihar And ORS

2017-07-11The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1153 of 2016 =========================================================== Santosh Kumar Sharma, Son of late Ramdeo Sharma, resident of Village- Koilwar, Ps. Koilwar, District Bhojpur.

.... .... Appellant/s

Versus

1. The State of Bihar through the Director General of Police, Bihar, Patna

2. The District Magistrate, Bhojpur, Ara.

3. The Superintendent of Police, Bhojpur, Ara.

4. The Deputy Superintendent of Police, Bhojpur, Ara.

5. The Station House Officer, Koilwar, District - Bhojpur

6. The Circle Officer, Koilwar, District Bhojpur. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Vijay Kumar Mishra, Advocate For the Respondent/s : Mr. Sunil Kumar Mandal, S.C. 3 Mr. Arjun Prasad, A.C. to S.C. 3 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 11-07-2017 Apart from the fact that there is inordinate unexplained delay of 259 days in filing of this appeal, the learned Writ Court has refused to entertain the matter as for appointment to the post of Chowkidar which has become a public post after formulation of the rules, and merely on the basis of recommendation of a Station House Officer, appointment to the post could not be made as it may amount to an appointment contrary to rules, i.e. a back door entry. Once, the post of Chowkidar is a public post, it has to be advertised and a process of selection under law should be followed

Patna High Court LPA No.1153 of 2016 dt.11-07-2017 2/2 and holding that no direction can be issued for appointment of the petitioner based on the recommendation made by the Station House Officer, the learned Writ Court has not committed any error in dismissing the writ petition.

The Letters Patent Appeal stands dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 14.07.2017 Transmission Date