The Union Of India v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12627 of 2021 ====================================================== The Union of India through the Principal Chief Security Commissioner, Railway Protection Force, North Eastern Railway/Gorakhpur (Uttar Pradesh). ... ... Petitioner/s
Versus
1.
The State of Bihar through the Home Secretary, Department of Home, Govt. of Bihar, Patna.
2.
The Director General of Police, Bihar, Patna. 3.
The Senior Superintendent of Police, Bihar, Patna. 4.
The Officer-in-Charge, Khagaul Police Station, Danapur, Patna. 5.
Jai Hind Yadav, son of Shri Mahabal Yadav, Resident of VillageSalonimhinpur, P.O.-Premapur, P.S. Gaora Badshahpur, District-Jaunpur (Uttar Pradesh).
6.
Mohan Singh Tewatia, son of Shri Indrajeet Singh, Resident of Village Bejlipur, P.O. Sahada Fridpur, P.S. Khurja Dehta, District-Buland Shahar (Uttar Pradesh).
7.
Hariom Singh, son of Shri Rajveer Singh, Resident of Village Khanjpur, P.O. Managarhi, P.S. Navheel, District-Mathura (Uttar Pradesh). 8.
Hans Raj Singh, son of Shri Rajendra Singh, Resident of Village Faridampur, P.O. Raypur, P.S. Nohsil, District-Mathura (Uttar Pradesh). 9.
Manjeet, son of Shri Vishwa Nath, Resident of Village Jamohara, P.O. Jamohara, P.S. Mehdawal, District-Sant Kabir Nagar (Uttar Pradesh). 10.
Vijay Kumar Deo, Son of Shri Abdesh Deo, Resident of Village Baladeo Ithari, P.O. Fullidumar, P.S. Fullidumar, District Banka (Bihar). 11.
Upendra Kumar Yadav, Son of Shri Faujdar Yadav, Resident of Village Baidauli, P.O. Kaudiram, P.S. Bansgaon, District-Gorakhpur (Uttar Pradesh). 12.
Pritam Singh, son of Shri Jhallu Prasad, Resident of Village Rudrapur, P.O. Devan Hari (Sahso), P.S. Phoolpur, District-Allahabd (Uttar Pradesh). 13.
Pintu Kumar, son of Late Shri Braj Nandan Sharma, Resident of Village Khudauri, P.O. Hulas Ganj, P.S. Hulas Ganj, District-Jahanabad (Bihar). 14.
Ashok Kumar, son of Shri Preman Das, Resident of Village Budhanpur, P.O. Bauri Beldari, P.S. Hulas Gang, District-Jahanabad (Bihar). 15.
Gyanendra Babu, son of Shri Navi Chandra, Resident of Village Khadit, P.O. -Khadit, P.S. Jasrana, District-Firozabad (Uttar Pradesh). 16.
Shatrughan Kumar, son of Shri Jagdish Prasad, Resident of Village Motiram Pur, P.O. Kalyanpur, P.S. Bihiya, District-Bhojpur-Ara (Bihar). 17.
Jai Singh Yadav, son of Shri Jagdish Prasad Yadav, Resident of Village Ramnagar, P.O. Sahso, P.S. Tharwai, District Allahabad (Uttar Pradesh). 18.
Ramakant Rajbhar, son of Shri Ram Virksh Rajbhar, Resident of Village Gayee, P.O. Gayee, P.S. Mardah, District Gazipur (Uttar Pradesh). 19.
Bhagwan Das Yadav, son of Shri Ram Badan Yadav, Resident of Village
2/7 Mahmoodpur Hathani, P.O. Deokali, P.S. Saidpur, District Gazipur (Uttar Pradesh).
20.
Ranjan Kumar Singh, son of Shri Gopal Singh, Resident of Village Fatehpur, P.O. Raghavpur, P.S. Raghavpur, District Vaishali (Bihar). 21.
Awadhesh Kumar Yadav, son of Shri Mahendra Prasad Yadav, Resident of Village Budhu Chak, P.O. Budhu Chak, P.S. Bidhu Chak, District-Bhagalpur (Bihar).
22.
Ashutosh Kumar Gupta, son of Shri Shiv Shankar Gupta, Resident of Village Tilauli, P.O. Kothilwan, P.S. Bankata, District Deoria (Uttar Pradesh).
23.
Laxmi Chandra Yadav, son of Shri Ramdev Yadav, Resident of Village Kandrai, P.O. Misruslia, P.S. Khajni, District Gorakhpur (Uttar Pradesh). 24.
Ajit Kumar Yadav, son of Shri Jhinguri Yadav, Resident of Village Banshipur, P.O. Mirza Murad, P.S. Mirza Murad, District-Varanasi (Uttar Pradesh).
25.
Sandeep Kumar Dwivedi, son of Shri Yamuna Prsad, Resident of Village Raigarh, P.O. Raigarh, P.S. Mahesh Ganj, District Partapgarh (Uttar Pradesh).
26.
Raj Kumar Yadav, son of Shri Ramlal Yadav, Resident of Village Akhtiyarpur, P.O. Akhtiyapur, P.S. Chitbada Gaon, District-Balia (Uttar Pradesh).
27.
Rinku Kumar Yadav, Son of Shri Moti Lal Yadav, Resident of VillageDeoria, P.O. Hasulahi, P.S. Kopa, District Chhapra (Bihar). ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.K.N. Singh,Advocate For the Respondent/s :
Mr.N.H.Khan,SC-1 Mrs.Babita Kumari,AC to SC-1 For the Private Respondent :
Mr.Surendra Kishore Thakur,Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-11-2022 The learned Additional Solicitor General appearing for the Union of India submits that the Hon'ble Allahabad High Court by a judgment dated 16.04.2018, passed in Writ-A No. 2813 of 2017, (Ranvijay Singh and Ors. vs Union of India and Ors.), and other analogous cases, has issued a direction in the following terms:-
3/7 "It shall, however, be open for the respondents to verify identity of petitioners upon material and evidence admissible in law by following the principles of natural justice. The required exercise be undertaken preferably within a period of four months from the date of presentation of certified copy of this order, as petitioners have already lost sufficient time. Based upon such consideration, the respondents shall take a fresh decision in the matter relating to grant of appointment to the petitioners."
The learned Additional Solicitor General submits that Employment Notice No. 1 of 2011, was issued by the Chief Security Commissioner/ Railway Protection Force, North Eastern Railway, Gorakhpur, (Uttar Pradesh) for conducting centralized recruitment of constable for the R.P.F/ R.P.S.F. After completion of the selection process, the result of the selected candidates was uploaded on the North Eastern Railway website on 17.09.2014, and was also published in the newspaper on 20.09.2014, however, certain disputes erupted, leading to filing of the aforesaid writ petitions by the disgruntled candidates who were not selected, which in turn has led to passing of the aforesaid judgment dated 16.04.2018, by the learned Single Judge of the Hon'ble Allahabad High Court.
It is further submitted by the learned Additional Solicitor General appearing for the Union of India that F.I.Rs. have
4/7 been lodged by the authorities of the East Central Railway, Hajipur at Khagaul, P.S. Danapur, against the candidates who had indulged in impersonation, details whereof are given, herein below:- Father's Name Roll Number FIR No.
lodged at Khagaul Police Station, Danapur & Date Name of the officers who file FIR Name of the Hon'ble Court Danapur S.
No.
Name of the Candidates Jai Hind Yadav Mahabal Yadav 4121067 102/2014, 06.06.2014 SIPF Jyotsana SDJM Mohan Singh Tevatia Indrajeet Singh 4112260 107/2014, 10.06.2014 SIPF Jyotsana SDJM Hari Om Singh Rajvir Singh 4114039 120/2014, 17.06.2014 SIPF Jyotsana ACJM-5 Hans Raj Singh Rajendra Singh 4114049 129/2014, 21.06.2014 ASI Lalan Kumar Singh SDJM Manjeet Vishwanath 4121160 100/2014, 04.06.2014 SIPF Jyotsana SDJM Bijay Kumar Deo Abdesh Deo 4124046 106/2014, 09.06.2014 SIPF Jyotsana SDJM Upendra Kumar Yadav Faujdar Yadav 4122178 100/2014, 04.06.2014 SIPF Jyotsana SDJM Pritam Singh Jhallu Prasad 4121161 102/2014, 06.06.2014 SIPF Jyotsana SDJM Pintu Kumar Brijnandan Sharma 4114204 115/2014, 14.06.2014 SIPF Jyotsana SDJM Ashok Kumar Preman Das 4134044 115/2014, 14.06.2014 SIPF Jyotsana SDJM Gyanendra Babu Ravi Chandra 4124034 103/2014, 06.06.
2014 SIPF Jyotsana SDJM Satrudhan Kumar Jagdish Prasad 5135149 118/2014, 16.06.2014 SIPF Jyotsana ACJM-5 Jay Singh Yadav Jagdish Prasad Yadav 4121064 95/2014, 31.05.2014 SIPF Jyotsana ACJM-5 Ramakant Rajbhar Ram Briksha Rajbhar 5124064 94/2014, 31.05.2014 SIPF Jyotsana ACJM-5 Bhagwan Das Yadav Ram Badan Yadav 4121064 95/2014, 31.05.2014 SIPF Jyotsana ACJM-5 Ranjan Kumar Singh Gopal Singh 5115217 115/2014, 14.06.2014 SIPF Jyotsana SDJM Avdhesh Kumar Yadav Mahendra Prasad Yadav 4114026 113/2014, 13.06.
5/7 Ashutosh Kumar Gupta Shiv Shankar Gupta 4122080 95/2014, 31.05.2014 SIPF Jyotsana ACJM-5 Laxmi Chand Yadav Ramdev Yadav 4122177 97/2014, 03.06.2014 SIPF Jyotsana ACJM-5 ASI Nasibbullah ACJM-5 Ajit Kumar Yadav Jhinguri Yadav 4121065 96/2014, 02.06.2014 Sandeep Kumar Dwivedi Yamuna Prasad 5111224 129/2014, 21.06.2014 ASI Lalan Kumar Singh SDJM ASI Nasibbullah ACJM-5 Raj Kumar Yadav Ramlal Yadav 5122288 96/2014, 02.06.2014 ASI Nasibbullah ACJM-5 Rinku Kumar Yadav Motilal Yadav 5125203 96/2014, 02.06.2014 It is the case of the petitioner that in the aforesaid F.I.Rs., chargesheet have been filed and the matter is pending before the learned Civil Court, Danapur. In such view of the matter, it is prayed that in order to ensure compliance of the order passed by the learned Single Judge of the Hon'ble Allahabad High Court dated 16.04.
2018, the dossiers, which have been submitted before the learned Court below, are required to be obtained, whereafter, verification of the same is to be carried out by the F.S.L/ Finger Print Bureau, Mahanagar Police Headquarter, Lucknow, Uttar Pradesh, for verifying the signatures/ thumb impressions of the concerned candidates so as to ascertain their identity.
6/7 purposes of getting the same verified by the F.S.L./ Finger Print Bureau, Mahanagar Police Headquarter, Lucknow, Uttar Pradesh. Having regard to the facts and circumstances of the case, this Court deems it fit and proper to grant liberty to the Principal Chief Security Commissioner, Railway Protection Force, North Eastern Railway, Gorakhpur, (Uttar Pradesh), to approach the learned Court below in the aforesaid cases and in case, appropriate application is made for obtaining the dossiers, for the purposes of getting the same verified by the F.S.L./Finger Print Bureau, Mahanagar Police Headquarter, Lucknow, Uttar Pradesh, the same shall be handed over to the petitioner by the learned Court below in a sealed cover, on such terms and conditions, as it may deem fit and proper to impose and for such period, as it may consider appropriate so that the dossiers are returned back untampered, in a sealed cover, after examination/ verification by the F.S.L./ Finger Print Bureau, Mahanagar Police Headquarter, Lucknow, Uttar Pradesh.
It is needless to state that the authorities of the F.S.L./Finger Print Bureau, Mahanagar Police Headquarter, Lucknow, Uttar Pradesh, upon receiving the dossiers of the concerned candidates, shall conduct the necessary verification and return the dossiers in a sealed cover to the petitioner, herein, so that
7/7 the same is returned back to the learned Court below in an untampered condition.
The writ petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) sonal/- U