Shyam Babu Rai And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1964 of 2015 In Civil Writ Jurisdiction Case No. 6896 of 2008 ======================================================

1. Shyam Babu Rai, son of Sri Dina Rai, resident of Village- Goriya Dera, P.O.- Neura, P.S.- Bihta, District- Patna.

2. Shashi Bhushan Prasad, son of Sri Vyas Paswan, resident of VillageHasanpur, P.O.- Rewari, P.S.- Masaudhi, District- Patna. .... .... Appellant/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The D.G.-cum-I.G. of Police, Bihar, Patna.

3. The D.I.G. of Police (Administration), Bihar, Patna.

4. The D.I.G. of Police, Magadh Range, Gaya.

5. The S.P., Nawada-cum-Chairman, Constable Selection Committee, Nawada Gaya.

6. The S.P. Gaya-cum-Member C.S.C., GAya Nawada. .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Sanjay Kumar, Advocate For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 12-01-2018 Having herd learned counsel for the parties, we find that in case of several writ petitions filed in the year 2008, like C.W.J.C. No. 1247 of 2008 decided on 23.12.2009, C.W.J.C. No. 10206 of 2008 decided on 13.01.2014 and C.W.J.C. No. 15723 of 2008 decided on 28.08.2013, in case of some petitions filed in the context of recruitment made vide Advertisement No. 1 of 1998, the petitioners were granted liberty to submit representation and the respondents were directed to consider the same. However, in

Patna High Court LPA No.1964 of 2015 (6) dt.12-01-2018 2/2 the case of petitioner, even though the writ petition was pending since 2008, which has been dismissed by the impugned order on 04.08.2015 on the ground of delay.

By the orders passed in the earlier writ petitions, as indicated herein above, which were also filed like the present petition in the year 2008, the petitions were disposed of. Taking note of the aforesaid, we grant liberty to the petitioner to submit representation to the competent authority of the department. The competent authority may examine it in the light of the benefit granted to similarly situated petitioners, the grounds raised by the petitioner and, if permissible under law and if vacancies are available, shall pass appropriate order with regard to grant of relief to the petitioner.

With the aforesaid, the writ petition stands disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Uday/- U