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Patna High CourtCWJC/18569/2013dismissed

Sameer Tirki v. The State Of Bihar And ORS

2025-08-20Mr. Justice Alok Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18569 of 2013 ====================================================== Sameer Tirki S/O Late Astanislash Tirki Resident Of Village- P.O- Beharin Bata, P.S Bolwa, Distt- Gulma.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Director General Of Police, Bihar, Patna.

3.

D.I.G. Of Police, Military Police, Central Zone, Patna 4.

The Commandant B.M.P. 10, Patna.

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

For the Petitioner/s :

Mr.Ram Hriday Prasad, Advocate For the Respondent/s :

Mr. Subodh Kumar, A.C. to S.C-26.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 20-08-2025 Heard learned counsel for the petitioner and learned counsel appearing for the respondent State.

2. This writ application has been filed by one Samir Tirki, s/o- Late Astanishlash Tirki, challenging the order of dismissal dated 29.04.2005(Anexure-6) by which the father of the petitioner had been dismissed from service and also the order dated 27.01.2009 (Annexure-8) by which the appellate authority, i.e., the DIG of Police, Military Police, Central Zone, Patna had dismissed the appeal filed by the father of the petitioner.

3. From perusal of Annexure-9 of the writ application which is the death certificate of the father of the petitioner, it

Patna High Court CWJC No.18569 of 2013(5) dt.20-08-2025 2/2 transpires that the father of the petitioner died on 11.12.2011 meaning thereby that the father of the petitioner himself was alive when both the above impugned orders were passed and the father of the petitioner did not choose to challenge the same. The impugned orders, therefore, became final during the lifetime of Late father itself.

4. In such view of the matter, the present writ application filed by the petitioner who is son of Late Astanishlash Tirki, is not maintainable in law and thus fit to be dismissed.

(Alok Kumar Sinha, J) sanjeev/- U