Muklesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9433 of 2023 ====================================================== Muklesh Kumar S/o-Shahdeo Prasad Yadav Resident of Village-Mahuli Dih, P.O.-Siswan, P.S. and District-Nawadah, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secreary, Home (Police) Department, Government of Bihar, Patna.

2.

The Additional Chief Secreary, Home (Police) Department, Government of Bihar, Patna.

3.

The Director General of Police,Bihar, Patna.

4.

The Inspector General of Police, Saran Range, District-Saran. 5.

The Deputy Inspector General of Police, Saran Range, District-Saran. 6.

The Superintendent of Police, District-Saran. 7.

The Deputy Superintendent of Police, District-Nawadah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Giri, Advocate Mr. Mritunjay Harsh, Advocate For the Respondent/s :

Mr. Manish Kumar ( Gp 4 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 05-05-2025 It is submitted by counsel for the petitioner that the petitioner is a selected candidate for the post of Constable, however, on the ground that during course of documents verification he did not disclose the the fact that the criminal case is pending against him, he has been dismissed from the services by the disciplinary authority. He further submits that the petitioner has been acquitted from all charges by the Trial Court vide order dated 28.01.2023. Lastly, he submits that the case of the petitioner is squarely covered with the judgment

Patna High Court CWJC No.9433 of 2023(7) dt.05-05-2025 2/3 passed by the Hon'ble Supreme Court in the case of Avtar Singh -Versus- Union of India & Others (2016) 8 Supreme Court Cases 471, Ranvindra Kumar -Versus- The State of Uttar Pradesh & Others (2024) 5 Supreme Court Cases 264 and Pawan Kumar -Versus- Union of India & Another (2023) 12 Supreme Court Cases 317 as also judgment passed by this Court. Therefore, it is prayed by him that he may be permitted to make a fresh representation before the concerned respondent raising all grounds which he raised in this writ petition and on submission of the such the concerned respondent may be directed to consider and decide the same within a specific period fixed by this Court.

2. The prayer made by the counsel for the petitioner does not oppose by the respondents-State counsel.

3. On the basis of the above submissions, made by the counsel, the petition is disposed of. Petition is at liberty to file a fresh representation before the concerned respondent i.e. respondent no. 06. within 30 days from today and on submission of such the concerned respondent is also directed to consider and decide the same and pass a reasoned order as early as possible probably within 60 days from the submission of such representation. The concerned respondent is further directed that

Patna High Court CWJC No.9433 of 2023(7) dt.05-05-2025 3/3 while passing the order, he also consider the observation made by the Hon'ble Supreme Court as well as this Court in the cases as referred hereinabove.

4. Accordingly, the petition is disposed of however, petitioner is at liberty to approach this Court again if occasion arises subsequently, (Arvind Singh Chandel , J) krishnakant/- U