Patna High CourtCWJC/1348/2015dismissed

Chandan Kumar Tiwari v. The State Of Bihar And ORS

2016-03-17Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1348 of 2015 =========================================================== Chandan Kumar Tiwari, son of Anirudh Tiwari, resident of Mohalla - Babhan Toli, Ward No.1, P S - Sheohar, District - Sheohar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Secretary, Department of Law, Govt. of Bihar, Patna.

3. The Registrar General, Patna High Court, Patna.

4. The Office of the District and Sessions Judge (Administration), Sheohar.

5. Shri Chandravanshi Mahto, son of Roop Lal Mahto, resident of village - Madhopur Anant, P S - Sheohar, District - Sheohar.

6. Shri Shatrughan Pathak, son of Kishan Pathak, resident of village - Harpur, P S - Purnahiya, District - Sheohar.

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

For the Petitioner/s : Mr. Sunil Kumar Verma For the Respondent/s : Mr. NIRBHAY K.SINGH, GP 26 Mr. Bindhyachal Singh =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 17-03-2016 It is a case of deliberate suppression/mis-declaration of fact by non-disclosure by the petitioner because when he applied for a job under the jurisdiction of the District & Sessions Judge, Sheohar, he was already convicted by the Sessions Judge for which Sessions Trial No. 19 of 2007 was held and judgment pronounced on 12/8/2008. Subsequent acquittal in appeal will not be of any avail because there was no truthful disclosure by the petitioner that when he made an application he had already suffered incarceration or conviction by the trial court.

Patna High Court CWJC No.1348 of 2015 dt.17-03-2016 The rationale and reasoning provided by the District & Sessions Judge, Sheohar in his order No. 37/2014 dated 11.12.2014 (Annexure-6) is not required to be interfered with, which is under challenge in the present writ application.

Writ application is dismissed.

(Ajay Kumar Tripathi, J) R.K.Pathak/- U