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Patna High CourtCWJC/6431/2015allowed

Raj Kumar Singh v. The State Of Bihar And ORS

2015-10-29Mr. Justice Ajay Kumar Tripathi1 pages

Patna High Court CWJC No.6431 of 2015 dt.29-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6431 of 2015 ===========================================================

1. Raj Kumar Singh son of Sri Arjun Singh, resident of Village - Saidpur, P.O. Barka Dumara, P.S. Arrah Muffasil, District - Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, General Administrative Department, Govt. of Bihar, Patna.

2. The Principal Secretary, General Administrative Department, Govt. of Bihar, Patna.

3. The Commissioner, Patna Division, Patna.

4. The Collector-cum-District Officer, Bhojpur at Ara.

5. The Deputy Collector (Establishment), Bhojpur at Ara.

6. The Senior Personnel Secretary, Department of General Administration, Govt. of Bihar-cum-Secretary to Commissioner for departmental enquiry, Patna.

7. The Secretary to the Commissioner, Patna Division, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ram Krishna Singh For the Respondent/s : Mr. SC2- NAWAL KISHORE SINGH =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 29-10-2015 State has failed to file counter affidavit despite repeated adjournments granted in this regard.

Keeping in mind the circular issued by the General Administration Department, Annexure-11 and Annexure-11/1 dated 23/08/2014, issued by the Deputy Collector Establishment, Bhojpur at Ara, are quashed. Matter is remanded back for passing a fresh order on the merit of the claim of the petitioner with regard to over-age.

Writ application is allowed.

(Ajay Kumar Tripathi, J) R.K.Pathak/- U