Umesh Prasad Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22555 of 2013 ====================================================== Umesh Prasad Singh, son of Late Ram Nagina Singh, resident of VillageHafijpur Karmaur, P.S.- Pandarak, District- Patna. ... ... Petitioner/s
Versus
1. The State of Bihar through its Chief Secretary, Bihar Patna.
2. The Director General of Police, Bihar Patna.
3. The D.I.G. (Personnel), Bihar, Patna.
4. The Superintendent of Police, Rohtas at Sasaram.
5. Ratneshwar Prasad Singh, S/o Parmeshwar Singh, resident of MohallaKuar Singh Colony, Near R.N. College, P.S.- Samastipur Town, DistrictSamastipur.
6. Jitendra Narayan Singh, S/o late Uttim Narain Singh, R/v- Paagahiya, P.S.- Saraiya, Dist-Muzaffarpur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajendra Narain, Sr.Adv.
Mr.Manoj Kumar Jha, Adv.
For the Respondent/s :
Mr.Ajay Kumar Rastogi, Adv.
Mr.Neeraj Kumar Sanidh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-08-2023 The present writ petition has been filed seeking the following reliefs:- "1.(i) For issuance of further writ or writs in the nature of Certiorari for quashing the office order bearing Letter No.- 35/09 dated 26/11/2009 (Annexure-8) whereby and whereunder the respondent no.- 5, so-called Secretary of the SPCA posted the private respondent no. 6 namely Jitendra Narayan Singh as Senior Inspector in Rohtas at Sasaram however the respondent no.- 5 is not a valid Secretary of State SPCA, Bihar and since long post of Secretary of State SPCA, Bihar is under dispute.
Patna High Court CWJC No.22555 of 2013(2) dt.16-08-2023 2/3 (ii) For issuance of further writ or writs in the nature of Mandamus commanding and directing the respondents concerned for restraining the respondent no. 5 from issuing unauthorized orders of transfer and posting on malafide consideration although he is not the Secretary of the State SPCA, Bihar.
(iii) For issuance of writ or writs in the nature of Mandamus commanding and directing the respondent no. 4 to take necessary steps in the light of Letter No.- 2824/L-1 dated 20/7/2000 and Letter No.- 4976/L-1 dated 28/11/2012 as contained in Annexure- 3 and 16 to this writ application.
(iv) For issuance of writ or writs in the nature of Mandamus commanding and directing the respondent no. 4 to assign the work to the petitioner and also to take the work as Inspector, SPCA in pursuance of Letter No.- 4976/L-1 dated 28/11/2012 as contained in Annexure-16 to this writ application. (v) For holding and declaration that transfer and posting of the respondent no. 6 and any other subsequent transfer and posting of any officers/inspectors of SPCA done by the Secretary of State SPCA, Bihar is illegal and void in the light of Letter No.- 2824/L-1 dated 20/7/2000 and Letter No.- 6734/L-1 dated 14/8/2002 (Annexure-5) as since long to till date post of the Secretary of the State SPCA, Bihar is under dispute.
(vi) For holding and declaration that Letter No.- 2824/L-1 dated 20/7/2000 and Letter No.- 6734/L-1
Patna High Court CWJC No.22555 of 2013(2) dt.16-08-2023 3/3 dated 14/8/2002 issued by the respondent no.- 3 are still in operation, enforced and genuine one." At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, for redressal of the aforesaid grievances. Liberty so sought is granted. The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) sonal/- U