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Patna High CourtCWJC/18207/2015disposed

Lallan Pratap Singh v. The State Of Bihar And ORS

2023-09-27Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18207 of 2015 ====================================================== Lallan Pratap Singh son of Late Raghunah Singh, resident of village- Baruna Station, P.S.- Buxar Industrial Area, District- Buxar ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director General of Police, Bihar, Patna. 2.

The Deputy Inspector General of Police, Rohtas 3.

The Accountant General, Bihar, Patna 4.

The Superintendent of Police, Rohtas ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar, Adv.

For the State :

Mr.Mahendra Prasad Verma, AC to SC-20 For the A.G :

Mr.Rajnandan Prasad, Adv.

Mr.Vishesh Kr. Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-09-2023

1. The present writ petition has been filed seeking the following relief(s):- "1. That, through this Writ application, the petitioner seeks indulgence of this Hon'ble Court for issuance of an appropriate Writ/Writs, Order/Orders, direction/ directions, commanding the respondents to grant 3rd A.C.P. after completion of Thirty Two Years, Nine Months of regular service from its due date and be further pleased to grant any other relief or reliefs to which the petitioner is legally entitled."

2. At the outset, the learned counsel for the respondents has referred to paragraph no.7 of the counter affidavit, filed in the present case by the respondent no.4,which

Patna High Court CWJC No.18207 of 2015(2) dt.27-09-2023 2/3 is reproduced hereinbelow:- "7. That, as regards para-10 to 15 of the writ petition are concerned, a report was called for from the office of the Sergeant Major, Police Line, Dehri, who has submitted his report vide letter no. 4437/R.K. dated 19.12.2015 stating that the petitioner Lallan Pratap Singh had joined at Rohtas District on 14.03.2012 transferring from Crime Investigation Department, Patna, vide Memo No. 7224/Anu. Dated 10.12.2012 . The Petitioner retired on 30.04.2014 from Rohtas District. His date of joining is 29.07.1981. During his service period, he got benefit of 1st A.C.P. on 31.10.1999, second on 29.07.2005. For sanction of benefit of 3rd M.A.C.P., in the meeting held in the office of D.I.G. Shahabad Range, Dehri, his nomination has been sent vide this office Memo No. 3332/RK dated 06.12.2013 which is at Sl. No. 2 of that letter.

Again the service book of the petitioner, Lalan Pratap Singh to promote him in the D.S.P. Category, was sent to the office of I.G. Police, Patna Region, Patna, vide this office letter no. 1031/RK dated 23.03.2014, who informed to this office vide letter no. 2614/Gen. Sec. dated 15.12.2014 that his service file has been sent to Additional. D.G.P. (M), Bihar, Patna, lastly, the service file of the petitioner has been received to Rohtas District from police Head Quarter Patna vide Memo No. 1788/XP dated 20.03.2015.

Patna High Court CWJC No.18207 of 2015(2) dt.27-09-2023 3/3 In compliance to the letter no.977/Gen. Sec.

dated letter 04.09.2015, this office has sent his nomination to the selection Board for considering to give benefit of MACP to the petitioner vide this office memo no. 4236/XP RI Dated 01.12.15. As soon as the order is received, further action will be taken in the matter to comply the same accordingly."

3. In view of the aforesaid, the learned counsel for the petitioner submits that despite recommendations having been made to grant the benefits of 3rd ACP and MACP to the petitioner as far back as in the year, 2015, the petitioner has not been granted the said benefits.

4. Having regard to the aforesaid facts and circumstances of the case, I deem it fit and proper to direct the Director General of Police, Bihar, Patna to ensure that the admissible benefits of 3rd ACP and MACP are granted to the petitioner, as has been referred to in the counter affidavit filed in the present case, within a period of four weeks from today.

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

(Mohit Kumar Shah, J) sonal/- U