Md.Nizamuddin v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8518 of 2012 ====================================================== Md. Nizamuddin S/O Late Khudabaksh R/O Village- Balchanda, P.S.- Kursakanta, District- Araria ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Araria 3.

The Superintendent Of Police, Araria 4.

The Sub Divisional Police Officer, Araria 5.

The Block Development Officer, Kursakanta, District- Araria 6.

The Station House Officer, Kursakanta, District- Araria ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Prasad Singh, Advocate For the Respondent/s :

Mr. Mujhabaul Haque, GP 12 Mr. Pranoy Kumar, AC to GP 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. Learned counsel for the petitioner submits that the petitioner has been denied for his appointment on the post of Dafadar on the basis that his father has retired from the post of Chaukidar w.e.f 30.04.2003 and the petitioner has applied for the same vide applicated dated 05.03.2004. He further submits that the claim of the petitioner has been rejected on the ground that the new policy has come w.e.f 2006 by which it has been decided that appointment can only be made according to the Rule.

Patna High Court CWJC No.8518 of 2012(5) dt.11-12-2023 2/2

3. Learned counsel for the State submits that on the basis of the new policy the case of the petitioner was considered and the petitioner was not found fit for the post of Dafadar under the New Policy.

4. In view of the aforesaid, the petitioner has been given liberty to file a detailed representation before the respondent no. 2 i.e. District Magistrate, Araria and the District Magistrate, Araria shall take a decision with regard to the appointment on the post of Dafadar and pass a reasoned order within a period of 3 months and the same shall be communicated to the petitioner.

5. Accordingly, this writ petition is disposed of with the aforesaid direction.

(Rajesh Kumar Verma, J) Vanisha/- U