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Patna High CourtCWJC/13892/2021disposed

Nityanand v. The State Of Bihar

2022-12-01The Chief Justice -,Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13892 of 2021 ====================================================== Nityanand, Son of Late Budhan Singh Permanent Resident of VillagePrataptand, P.S. Bhagwanpur, Dist. Vaishali, Presently resides at Mohalla. Shivpuri, Professor Colony, Patna-23 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Home Department, Bihar, Patna. 3.

The Director General of Police, Bihar, Patna. 4.

The Additional Director General of Police, Crime Investigation Department, Government of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satish Kumar Sinha, Advocate Mr. Prabhakar Singh, Advocate For the Respondent/s :

Mr. Lalit Kishore, AG Mr. Pawan Kumar, AC to AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 01-12-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.13892 of 2021 dt.01-12-2022 2/3 We are satisfied of the steps taken by the State of Bihar in having the matter, pending before Hon'ble the Supreme Court, taken to its logical end. Special mention was made before Hon'ble the Chief Justice of India on 30th of November, 2022 when the State was directed to make a mention before another Hon'ble Judge.

Learned Advocate General has placed on record communication dated 30th of November, 2022, evidencing the fact that Senior Advocate stands engaged for making special mention before another Bench headed by Hon'ble Mr. Justice K.M. Joseph, Judge, Supreme Court of India.

Learned Advocate General states that with the outcome of the decision in the proceedings pending before Hon'ble the Supreme Court, the State would, any which way, take steps for filling up the vacancy.

Statement accepted and taken on record.

In this view of the matter, we close the proceedings, for no direction can be issued by this Court to fill up the post of Director, Additional Director, Deputy Director in Forensic

Patna High Court CWJC No.13892 of 2021 dt.01-12-2022 3/3 Science Laboratories within the Home Department, State of Bihar, till such time the matter is decided by Hon'ble the Supreme Court.

Liberty reserved to the petitioner or any other public spirited person, to pursue the matter afresh, on the same and subsequent cause of action, should the need so arise. The present petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) (Partha Sarthy, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 03.12.2022 Transmission Date