Sant Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6352 of 2011 ====================================================== Sant Kumar Singh S/O Late Jwala Prasad Singh R/O Vill- Nekara, P.O. Muradabad, P.S- Agrer, Distt- Rohtas (Sasaram) At Present Posted As Police Inspector, Crime Investigation Deptt, Bihar, Patna. .... .... Petitioner

Versus

1. The State Of Bihar

2. The State Of Jharkand Through The Director General Of Police, Jharkhand, Ranchi.

3. The Director General Of Police, Bihar, Patna.

4. The Deputy Inspector General Of Police (Railways), Ranchi.

5. The Rail Superintendent Of Police, Dhanbad, Jharkand. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Abhanjali For the Respondent/s : Mr. Parth Sharthi Sc10 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 7.

29-01-2018 Learned counsel for the petitioner submits that the period for which the petitioner has moved this Court for allowing him 'Writ of Mandamus' commanding the respondents to allow leave/compensatory leave were subject matter of consideration in a departmental proceeding which was initiated against the petitioner during the pendency of the writ application.

Learned counsel submits that since a final order vide Memo No. 1755 dated 23.12.2016 has already been passed in the said departmental proceeding, this application loses its significance. However, learned counsel submits that the final order passed vide Memo No.

Patna High Court CWJC No.6352 of 2011 (7) dt.29-01-2018 1755 dated 23.12.2016, is yet to be executed or to be given effect.

The apprehension of learned counsel is that the order may remain unexecuted if the writ application is not pressed. I do not see any reason that if the submission of learned counsel for the petitioner is factually correct, why the respondent authorities will not implement there own order passed in the disciplinary proceeding which is said to be in respect of the period in question.

If the respondent authorities do not act upon their own order and the petitioner feels aggrieved by that, he will certainly have liberty to raise his grievance and make a complaint before this Court or any other appropriate authority in accordance with law. This writ application stands disposed off.

Rajeev/- (Rajeev Ranjan Prasad, J.) U