Ram Priya Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1782 of 2013 ===========================================================

1. Ram Priya Paswan Son Of Late Raghunandan Paswan Resident Of Village Jamalpur, P.S. Athma Lgola, District Patna, Presently Posted As Clerk In The Office Of Senior Superintendent Of Police, Bhagalpur, District Bhagalpur .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Principal Secretary, Department Of Home (Police) Government Of Bihar, Patna

2. The Director General Of Police, Bihar, Patna

3. The Addl. Director General Of Police (Training) Bihar, Patna

4. The Inspector General Of Police (Training), Bihar, Patna

5. The Deputy Inspector General, Eastern Region, Bhagalpur

6. The Superintendent Of Police, Bhagalpur

7. The Superintendent Of Police, Katihar .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Jha For the Respondent/s : Mr. Yogendra Pd. Sinha AAG15 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 28-08-2015 *************** 28.08.2015 Heard learned counsel for the parties.

Though there are three different counter affidavits filed on behalf of the State by three different officers, they all take a common plea that a decision has to be taken at the level of the police headquarter. A communication has been made with Respondent No. 3, the Additional Director General of Police (Training), Government of Bihar by the Superintendent of Police, Katihar, vide his letter no. 2053, dated 15.04.2011, but since the said respondent has slept over the matter, nothing has been

Patna High Court CWJC No.1782 of 2013 dt.28-08-2015 2/2 communicated to the Superintendent of Police, Katihar. The petitioner was left with no option, but to approach the High Court for a direction.

Since the respondent-State authorities have failed to file counter affidavit, answering the questions raised by the petitioner on the merits of the matter, the Court is left with no option but to direct Respondent No. 3, the Additional DG (Training), Government of Bihar to take a decision on Annexure-5, dated 15.04.2011, within a period of six weeks from the date of production / communication of a copy of this order and communicate the same both to the petitioner as well as the Superintendent of Police, Katihar.

Writ application stands disposed off, accordingly.

(Ajay Kumar Tripathi, J.) U SKM/-