Pankaj Kumar Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17958 of 2015 ====================================================== Pankaj Kumar Rai Son of late Janardan Rai R/o Village- Thora, post Central Jail Buxar, Bihar .... .... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar.

2. The Union of India through The Director General of Police, C.R.P.F. New Delhi, D.I.G.P. Administration .C.G.O. Complex, Lodhi Road, New Delhi.

3. The Commandant , 181, Battalion, Central Reserve Police Force, Marfat 56, Jammu Kashmir.

4. The Dy. Inspector General of Police, C.R.P.F. Mokama, District Patna.

5. The Inspector General, Srinagar Sector, CRPF .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr.Dinu Kumar, Advocate Mr. Arvind Kr.Sharma, Advocate Mr. Rajesh Kumar Singh, Advocate Ritika Rani, Advocate For the UOI : Mr. Awadhesh Kr.Pandey, SCCG Mr. RK Sharma, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-08-2018 Learned counsel for the petitioner is permitted to add the Inspector General, Srinagar Sector, Central Reserve Police Force as respondent no.5.

Heard learned counsel for the petitioner and learned counsel for the Union of India.

Petitioner's claim for compassionate appointment on the post of General Duty Constable has been rejected even by the Ministry of Home Affairs as the relaxation required was beyond the competence of even the Ministry and as such the petitioner's claim has been found not worthy of consideration for compassionate appointment as General Duty Constable in

Patna High Court CWJC No.17958 of 2015 (2) dt.20-08-2018 2/3 the Central Reserve Police Force.

Learned counsel for the petitioner relying upon the communication dated 17.6.2015 issued by the Deputy Inspector General (Recruitment), Directorate General, CRPF (Annexure

9) addressed to the Inspector General, Srinagar Sector, CRPF has raised grievance that though paragraph 3 of the said letter mentions that " MHA vide ID No. 45017/11/2008-Pers.I dated 24/06/2010 has also issued direction to CAPFs as stated that "wherever it is felt by the Forces that applicant cannot be given job for which application has been received and there are other jobs available, i.e., Constable etc. clear reply should be sent to the applicants indicating the factual position". The factual position of case may be intimated to the applicant in writing accordingly under intimation to this Directorate.", no communication/reply has been sent to the petitioner /applicant indicating the factual position which is required under the said communication.

In view of the limited grievance raised by the petitioner, the writ petition is disposed of with a direction to the Inspector General, Srinagar Sector, Central Reserve Police Force (respondent no.5) to communicate the factual position to the petitioner, as required under communication dated 17.6.2015 (Annexure 9), within a period of eight weeks from

Patna High Court CWJC No.17958 of 2015 (2) dt.20-08-2018 3/3 the date of receipt/production of a copy of this order. (Madhuresh Prasad, J) Shashi.

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