Dinesh Rai v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.171 of 2014 Arising Out of PS.Case No. -null Year- null Thana -null District- SARAN ===========================================================
1. Dinesh Rai Son Of Ram Grihi Rai Resident Of Mohalla-Nehru Chauk CoOperative Colony, P.S.-Chapra Town District-Saran At Chapra. .... .... Petitioner/s
Versus
1. The State Of Bihar 3
2. The Principal Secretory Of Vigilance Department Of Bihar, Patna.
3. The District Education Officer Saran At Chapra
4. Superintendent Of Police Saran At Chapra
5. The Principal Of Ram Jaypal Colleg Chapra
6. The Principal Of High School Babura, Bhojpur Ara
7. Fagu Rai Son Of Ram Audhya Rai Resident Of Village-Suratpur Kotwapatti, P.S.-Doriganj, District-Saran At Chapra .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar For the Respondent/s : Mr. Avanindra Kumar Jha, A.C. to AAG-13 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 20-01-2015 By filing the present application under Articles 226 and 227 of the Constitution of India, the petitioner seeks a mandamus to be issued by this Court to respondent no.2 to take legal action against respondent no.7.
It has been contended that respondent no.7 Fagu Rai was appointed on the post of Peon in Ram Jaipal College, Chapra on 02.02.1976 on the basis of fake Transfer Certificate issued under the seal and signature of the Principal of Babura High School, Bhojpur dated 02.02.1976.
Patna High Court Cr. WJC No.171 of 2014 dt.20-01-2015 2/2 It is apparent from the record that respondent no.7 was appointed 39 years ago. It has not been mentioned anywhere in the writ petition as to how the petitioner is concerned in any manner with the appointment of respondent no.7. The application is thoroughly misconceived.
In case, petitioner has knowledge about any cognizable offence, he may take appropriate steps in accordance with law. However, a remedy of writ in the nature of mandamus would not be available in such matter.
In that view of the matter, I find no merit in the present application. Accordingly, the writ petition is dismissed. (Ashwani Kumar Singh, J) Pradeep/- U T