Mithilesh Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18290 of 2010 ====================================================== Mithilesh Kumar Singh S/o Lal Bihari Singh R/o Vill.- Shankarpur, P.O.- Shankarpur, P.S.- Simari Bakhtiarpur, Distt.- Saharsa .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Director General of Police, Bihar, Patna

3. The Inspector General of Police, Bihar, Patna

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

5. The Deputy Inspector General of Police, Bihar Military Police-21, at Saharsa

6. The Commandant, Bihar Military Police-21, Saharsa

7. The Superintendent of Police, Katihar-cum-Chairman Bihar Military Police, North Mandal Board No.3, Camp Katihar .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Maya Shankar Mishra For the Respondent/s : GA-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-06-2018 The petitioner by way of the present writ petition has prayed for issuing direction to the respondents to appoint the petitioner on the post of Constables in B.M.P.-21, Saharsa. The brief facts of the case are that the petitioner was issued an appointment letter dated 30.07.2005, however, when the petitioner was requested for submitting his joining along with his credentials, on the appointed day, it is stated by the petitioner that he was orally told that there is difference in date of birth in his Home Guard certificate and his matriculation certificate, hence he

Patna High Court CWJC No.18290 of 2010 (2) dt.22-06-2018 2/2 cannot be appointed on the said post.

I find from the record that though admittedly the petitioner was refused appointment in the year 2005 itself, however, the petitioner has approached this Court after a gross delay in the year 2010 and now we are in the year 2018. In view of the settled principles of law laid down by the Hon'ble Apex Court, I find that the present petition is barred by delay and laches and on this ground alone the writ petition is fit to be dismissed. Reference in this connection, be had to a judgment of the Hon'ble Apex Court reported in (2015) 15 SCC 602 (State of Jammu & Kashmir vs. R.K. Zalpuri & Ors.).

(Mohit Kumar Shah, J) S.Sb/- U