Patna High CourtL.P.A/1500/2013dismissed

Kamlesh Kumar v. The State Of Bihar And ORS

2017-02-28Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1500 of 2013 IN Civil Writ Jurisdiction Case No. 20231 of 2011 =========================================================== Kamlesh Kumar S/O Ram Dayal Prasad R/O Mohalla Mallah Chakia, P.S- Buxar, District- Buxar (Bihar) .... .... Appellant

Versus

1. The State Of Bihar through Principal Secretary, Home Department, Bihar, Patna.

2. The Additional Director, General Police (Welfare), Bihar, Patna.

3. The Additional Secretary, Home (Police) Department, Govt. Of Bihar, Patna.

4. The Inspector General, Central Range, Patna.

5. The Deputy Inspector General, Bhojpur at Ara

6. The Superintendent of Police, Buxar

7. The Superintendent of Police, Special Branch, Ara, Bhojpur. .... .... Respondents =========================================================== Appearance :

For the Appellant :

Mr. Prabhu Narayan Sharma, Advocate For the Respondents : Mr. Pawan Kumar, AC to GA-1 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 28-02-2017 Delay of 17 days is condoned. I.A. No. 8290 of 2013 is allowed.

Heard counsel for the appellant and counsel for the State.

The challenge is to the order dated 03.07.2013 passed by the learned single Judge in C.W.J.C. No. 20231 of 2011. The learned single Judge has dismissed the writ application refusing to grant any relief to the petitioner for a direction for compassionate appointment on the death of the mother on the ground that the father

Patna High Court LPA No.1500 of 2013 dt.28-02-2017 2/2 was also a government servant and very much in employment. A case was sought to be made out that the father and the mother were separated and there is a document, which was Annexure-2 to the writ application, which is an affidavit before a Notary Public at Buxar showing such separation. The learned single Judge has rightly considered and said that such a document has no legal validity because judicial separation cannot be accepted on the basis of a notarised affidavit. The whole story basically is to beget employment under the compassionate head and the story of separation is part of the same scheme.

The order of the learned single Judge does not suffer from any legal infirmity.

Appeal is dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Pawan/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 28.02.2017 Transmission Date N/A