Saroj Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2091 of 2016 ====================================================== Saroj Prasad Son of Sri Bahadur Jamadar Resident of Village - Korwa, P.O. - Bariyarpur, P.S. - Islampur, District - Nalanda. ... ... Petitioner

Versus

1. The State Of Bihar through the Chief Secretary, Govt. of Bihar, Old Secretariat, Patna

2. Home Secretary, Govt. of Bihar, Old Secretariat, Patna.

3. Director General of Police, Old Secretariat, Patna.

4. I.G. of Police Gaya.

5. Deputy Inspector General of Police Gaya.

6. Superintendent of Police, Aurangabad.

7. S.H.O. Saliya Police Station, Aurangabad.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Daya Shanker Prasad Mr. Kumar Narain (AOR-02579) For the Respondent/s :

Mr. Binod Kumar Yadav, SC 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 31-01-2019 Heard learned Counsel for the petitioner and the learned Counsel for the respondent State.

The specific case of the petitioner is that against the order of dismissal dated 3.7.2013 communicated by Superintendent of Police, Aurangabad on 30.6.2014 he has filed a review application before the DIG of Police, Gaya. It is his case that in spite of filing the same when no action was taken he sought information through RTI on 29.1.2015.

The application under RTI is Annexure 5 to the writ petition. In the counter affidavit, filed today, the respondents have not commended with respect to the said fact.

Patna High Court CWJC No.2091 of 2016(3) dt.31-01-2019 2/2 The petitioner has approached the DIG of Police, Gaya by filing review, however, the respondents have not denied or disputed the said fact in their counter affidavit. However, without going into this dispute and in order or enable petitioner to avail of the remedy of appeal/review the writ petition is disposed of with liberty to the petitioner to make an application afresh before the appellate/reviewing authority within a period of four weeks from today. If such an application is filed within four weeks, the authority would be obliged to consider the same on merits and dispose by a reasoned and speaking order in accordance with law.

The writ petition is disposed of.

(Madhuresh Prasad, J.) SNkumar/- U