Sunil Kumar v. The Union Of India And ORS

Patna High Court CWJC No.324 of 2015 (2) dt.04-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.324 of 2015 ====================================================== Sunil Kumar, son of Sri Mahendra Prasad, resident of village Amara, P.O. Siadih, P.S. Koach, District Gaya .... .... Petitioner

Versus

1. The Union of India through its Inspector General of Police C.R.P.F., Patna (Bihar)

2. The Inspector General of Police, C.R.P.F., Patna

3. The Additional Deputy Inspector General of Police Group Centre, C.R.P.F. Muzaffarpur, Bihar

4. The Additional Deputy Inspector General of Police, Group Centre, Mokamaghat, Patna, Bihar .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Respondent/s : Mr. Anjani Kumar Sharan (Asg) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 04-02-2015 Heard learned counsel for the parties.

The moment this Court would find that earlier writ application for the same cause of action was not entertained by this Court and the petitioner was not given any relief therein vide an order dated 29.11.2013 in C.W.J.C. No. 4603 of 2007 which reads as follows:- The order, contained in Annexure-1, dated 23.11.2006 has been passed under the provisions of the Central Civil Services (Temporary Service) Rule, 1965. Admitted position is that the petitioner was on probation and the power under sub-rule 1 of rule 5 has been exercised by the authority, for which neither any stigma nor any reasons have been provided. Such provisions have been held to be valid even otherwise by various

Patna High Court CWJC No.324 of 2015 (2) dt.04-02-2015 courts. The status of the petitioner being such, no interference is warranted with Annexure-1.

Writ application is disposed off with observation as above.

Petitioner's counsel tries to urge by reading something more in the order, which is not permissible in law.

it must be held that the present writ application for the following relief :- "To quash office order no. D.V.-02/06-E-C.V. dated 23.11.06 issued by the Deputy Inspector General of Police C.R.D.F. Mokamaghat, Patna by which petitioner have been removed from the post of constable of Central Reserve Police Force (hereinafter referred to as C.R.P.F.) and for issuance of an appropriate order(s), direction(s) to reinstate the petitioners on the same post with consequential benefits."

is ill-advised and in fact wholly misconceived. That being so, this application is accordingly dismissed. (Mihir Kumar Jha, J) surendra/- U