Kari Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6131 of 2024 ====================================================== Kari Prasad Yadav Son of Late Sita Ram Prasad Yadav, Resident of Village - Goriyari, Post Office- Goriyari, Police Station - Salkhua, District- Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Home Department, Government of Bihar, Patna.

2.

The Director General of Police, Home Department, Government of Bihar, Patna.

3.

The Inspector General of Police, Home Department, Government of Bihar, Patna.

4.

The Inspector General of Police, Magadh Division, Gaya. 5.

The Inspector General of Police, Darbhanga Division, Darbhanga. 6.

The Senior Superintendent of Police, Magadh Division, Gaya. 7.

The Superintendent of Police, Samastipur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Chand Prasad, Adv.

For the Respondent/s :

Mr.Government Advocate (2) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-04-2024 The present writ has been filed seeking the following reliefs:- "1(i). For issuance of writ in the nature of certiorari for quashing the order as contained in Memo No. 6631 dated 21.11.2021 issued by Senior Superintendent of Police, Gaya whereby the petitioner has been imposed punishment to the effect that the petitioner will not be given salary of previous period i.e. for 1060 days and he was also imposed punishment of one censure.

(ii). For issuance of writ in the nature of mandamus commanding the Respondents to pay

Patna High Court CWJC No.6131 of 2024(2) dt.25-04-2024 2/2 arrears of salary of 1060 days for the period from 17.06.2003 to 12.05.2006 by adjusting the aforesaid period in Medical leave.

(iii). For issuance of writ in the nature of Mandamus to grant promotion to the petitioner from the post of Police to the Post of Assistant Sub-Inspector of Police from due date and also grant him promotion to the Post of Sub Inspector of Police from due date."

2.

After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the order dated 21.11.2021, passed by the Senior Superintendent of Police, Gaya, by filing appropriate appeal. Liberty, so sought, is granted.

3.

It is needless to state that in case, appropriate appeal is filed before the appellate authority, within a period of two weeks from today, the appellate authority shall consider the same on merits and shall pass a reasoned and a speaking order, in accordance with law, within a period of six weeks, thereafter. 4.

The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U