Upendra Kumar Ambasta @ Upendra Pd. Ambasta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11341 of 2015 ====================================================== Upendra Kumar Ambasta @ Upendra Pd. Ambasta s/o Late Hari Nandan Prasad resident of village- Begusarai, Vishanpur Bachanu Lal Tola P.O.- Vishanpur, P.S.- Begusarai Sadar District- Begusarai. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Home Commissioner 2.

The Director General of Police, Bihar, Patna 3.

The Deputy Inspector General, Munger, Bihar.

4.

The Inspector General of Police, Bihar, Patna 5.

The Superintendent of Police, Munger, Bihar, ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kishore Prasad, Advocate For the Respondent/s :

Mr.Roy Shivaji Nath, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-08-2023 1.

The present petition has been filed seeking the following relief :- "(i) For issuance of writ in the nature of Mandamus commanding and directing the respondents to grant A.C.P. to the petitioner." 2.

At the outset, the learned counsel for the respondents has submitted, by referring to the counter affidavit filed in the present that the case of the petitioner for grant of A.C.P./ M.A.C.P. was considered in a meeting held by the Munger Range Selection Board under the Chairmanship of the then Deputy Inspector General of Police, Munger Range,

Patna High Court CWJC No.11341 of 2015(2) dt.24-08-2023 2/2 Munger on 28.01.2014, however the case of the petitioner was not recommended on account of major punishment having been inflicted upon the petitioner in the departmental proceeding initiated against him and thereafter, the case of the petitioner was not considered on account of his superannuation from service.

3.

Though the aforesaid aspect of the matter has not been disputed by the petitioner, nonetheless, this Court grants liberty to the petitioner to file an appeal, in case he so desires, challenging the decision of the respondent authorities not to recommend for grant of the benefits of A.C.P./M.A.C.P. to the petitioner herein.

4.

With the aforesaid observations, the present writ petition stands disposed off.

(Mohit Kumar Shah, J) rinkee/- U