Mahesh Kumar v. The State Of Bihar And ORS

Patna High Court CWJC No.22376 of 2013 dt.22-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22376 of 2013 =========================================================== Mahesh Kumar son of Sri Mhendra Singh, resident of village -Lakho, PS-Lakho, OP(Mufassil) in the district of Begusarai. ..... .... Petitioner/s

Versus

1. The State of Bihar through its Director General of Police, Bihar, Patna

2. The Additional Director General of Police (Head Quarter), Bihar, Patna

3. The Inspector General of Police (Personnel and Administrative Reforms), Bihar, Patna.

4. The Inspector General of Police (Headquarter & Administrate Department), Bihar, Patna.

5. The Deputy Inspector General of Police (Headquarter & Administrate Department), Bihar, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Respondent/s : Mr. Sanjay Kr No.2 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 22-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner has sought following reliefs:- (i) To direct the respondent authority to fix the inter se seniority of the petitioner and put the name of the petitioner at appropriate place of seniority list of Sub Inspector of Police.

(ii) Also for the name of petitioner be considered for the post of inspector of police as his juniors are going to be considered.

(iii) Also for direct to respondent authority to pay the all consequential benefit on promotional post.

(iv) An also for any other relief/reliefs for which petitioner is entitled in the eye of law.

Patna High Court CWJC No.22376 of 2013 dt.22-04-2016 Basically, the petitioner is claiming the seniority and promotion. This case has chequered history. The issued involved in the present case by and large, is subject matter of CWJC No. 11211 of 2003 (Suryanath Singh and others vs. the State of Bihar and Ors.) and CWJC No. 5328 of 2011 (Shambhu Sharan Pd. Singh & Ors. Vs. the State of Bihar & Ors.) and so much so that he has filed a representation before the Inspector General of Police, Head Office, Bihar, Patna which is pending for consideration.

The counsel for the petitioner submits that the case of the petitioner should be considered in terms of Police Order No. 291 of 2008 Annexure-8 of this writ application.

Let the Inspector General of Police consider the case of the petitioner, examine the applicability of Police Order No. 291 of 2008 Annexure-8 and if it is found that it is applicable in the case of the petitioner, he will dispose of matter taking into consideration of Police Order No. 291 of 2008 Annexure-8 within a period of four months from the date of receipt/production of a copy of this order. With the above observation/direction, this petition is disposed of.

(Shivaji Pandey, J) Mahesh/- AFR/NAFR CAV DATE Uploading Date Transmission Date