Kundan Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6204 of 2016 ===========================================================

1. Kundan Kumar son of Anil Singh Resident of Village - Rampur, Police Station - Surgarha, District - Lakhisarai.

2. La Bihari Kumar son of Bhikhari Singh Resident of Village - Dular Bigha, P.S. - Deokunda, District - Aurangabad.

3. Om Prakash Singh son of Umesh Singh Resident of Village - Painyan, P.S. - Sonhan, District - Kaimur (Bhabhua).

4. Dinesh Kumar son of Vishnudeo Ram Resident of Village - Kopariya, Police Station - Salkhua, District - Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar through Home Secretary, Bihar, Patna.

2. The Chairman, Central Selection Board (Constable Recruitment), Bihar, Patna.

3. The Secretary, Central Selection Board (Constable Recruitment), Bihar, Patna.

4. The Officer of Special Duty (O.S.D.) Central Selection Board (Constable Recruitment), Bihar, Patna.

5. The Director cum State Fire Brigade Officer, Bihar at Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Shashi Bhushan Pandey For the State : Mr. Ajay, GA 12 For the CSBC : Mr Sanjay Pandey Mr Binod Kr. Mishra Mr Vivek Anand Amritesh =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 22-06-2016 There are allegations against the petitioners that somebody else had impersonated in the examination on their behalf and there are telltale signs which led to refusal by the respondents to accept their joining and even a criminal case has been instituted against them, which is under investigation.

If that be so, this Court will not convert itself into a trial

Patna High Court CWJC No.6204 of 2016 dt.22-06-2016 2/2 court. Any opinion expressed on the materials and evidence and the interpretation thereto being given by the counsel for the petitioners will have repercussions with regard to other pending matters. No order or direction, therefore, can be issued under the controversial circumstances by directing the respondents to accept the joining of the petitioners at this juncture.

However, the petitioners have adequate remedy and forums available to get the matter expedited including the investigation.

Writ is dismissed with the above observation. (Ajay Kumar Tripathi, J) sk AFR/NAFR NAFR CAV DATE Uploading Date 23.6.2016 Transmission Date