Umesh Kumar Verma And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5538 of 2014 ======================================================

1. Umesh Kumar Verma Son Of Sri Vinod Kumar Verma Resident Of Village - Dighwara, Police Station - Dighwara, District - Saran At Chapra

2. Md. Munna Son Of Mazloom Resident Of Village - Bachhauta, Police Station - Morkahi, District - Khagaria .... .... Petitioner/s

Versus

1. The State Of Bihar through the Secretary, Department Of Home, Government Of Bihar, Patna

2. The Director General-Cum-Inspector General Of Police, Bihar, Patna

3. The Joint Secretary the Government Department Of Home (Police), Government Of Bihar, Patna

4. The Additional Director General Of Police (Headquarter), Bihar, Patna

5. The Deputy Inspector General Of Police, Munger Range, Bihar

6. The Deputy Inspector General Police, Bhagalpur Range, Bihar

7. The Superintendent Of Police, Jamui, At Jamui .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Awadhesh Kumar Mishra, Advocate For the Respondent/s : Mr. Ramadhar Singh, GP 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 31-10-2017 Heard Shri Awadhesh Kumar Mishra, the learned counsel for the petitioners, and Shri Ramadhar Singh, the learned GP 25.

The petitioners seek direction of this court to reinstate them on the post of Constable as similarly situated other Constables were reinstated, in pursuance of different orders of this court.

It appears that petitioners earlier moved this court by filing CWJC No. 4711 of 2012 and this court vide order dated

Patna High Court CWJC No.5538 of 2014 (11) dt.31-10-2017 2/2 06.04.2012 permitted the writ petition to be withdrawn so that the petitioners may seek remedy before the authorities. The learned counsel for the petitioner submits that power of appointment and reinstatement of Constable is vested in the Police Department and the Home Department has nothing to do with the same and the Additional Secretary, Home (Police) Department has clarified the matter vide Annexure-21. Having considered the facts that the petitioners had earlier moved this court in CWJC No. 4711 of 2012 and the same was permitted to be withdrawn at the request of the petitioners so that the petitioners may seek appropriate remedy before the authorities, I do not find any merit in this writ petition and accordingly the same is dismissed. The petitioners may seek remedy, as prayed, before the appropriate authority. (Prabhat Kumar Jha, J) BKS/- U