Kameshwar Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17788 of 2015 ====================================================== 1.

Kameshwar Singh Son of Late Ram Rup Singh, Resident of villageImamganj, P.S. Daudnagar, District Aurangabad. 2.

Braj Nandan Prasad, Son of Late Kishori Jamadar, Resident of VillageDhanraj Bigha, P.S.- Manpur, District- Nalanda. 3.

Birendra Prasad, Son of Sri Sukhdeo Prasad, Resident of Village- Seikhpura, P.S.- Ghosi, District- Jehanabad.

4.

Babulal Shah, Son of Late Rajdhari Sah, Resident of Village- Jamua, P.S.- Dhaka, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The D.G. of Police Bihar, Patna.

3.

The I.G. of Police, Muzaffarpur Zone, Muzaffarpur. 4.

The D.I.G., Tirhut Range, Muzaffarpur.

5.

The S.P. Shivhar.

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

For the Petitioner/s :

Ms.Shruti Sinha, Advocate For the Respondent/s :

Mr.Kumar Priya Ranjan, SC-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-09-2023

1. The present writ petition has been filed seeking the following relief(s):- "1. That this is an application for issuance of an appropriate writ order or direction for quashing the Memo No.946 dated 20.07.2015 issued by S.P. Shivhar whereby he in the light of the report of sergeant major police line Shivhar of indiscipline latches and misconduct and in the light of the memo No.53/S.T.F, Patna issued by police Headquarter Bihar has ended the contract of the 5 S.T.F. employees including the

Patna High Court CWJC No.17788 of 2015(2) dt.22-09-2023 2/2 petitioners w.e.f. 20.07.2015 copy of the order is enclosed as Annexure-1 with all consequential benefits as the same is highly illegal, arbitrary, malafide and discriminatory being also against the principle of Natural Justice and article 311(2) of the Constitution or for any other order or orders which this Hon'ble Court may deem fit and proper under the circumstances of this case."

2. At the outset, the learned counsels for the parties are in agreement that the contractual employment of the petitioners have been ended, hence the writ petition would not be maintainable. Thus, it is submitted by the learned counsel for the petitioner that the present petition be disposed off, however, it be observed that termination of the contractual employment of the petitioners shall not be stigmatic in nature.

3. Accordingly, the present writ petition stands disposed off, however, it is clarified that the impugned order dated 20.07.2015, passed by the Superintendent of Police, Seohar, shall not have any stigmatic effect on the future career of the petitioners.

(Mohit Kumar Shah, J) Saurav/- U