Md. Javed Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14451 of 2019 ====================================================== Md. Javed Khan, S/o Late Muquebul Khan Vill. and P.o.- Usia, P.s.- Dildarnagar, Distt.- Ghazipur (U.P.) at present Constable No. 521, B.M.P. 5, P.o.- B.V. College, Patna-800014 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Home Department, Bihar, Patna 2.

Director General of Police Bihar, Patna 3.

Inspector General of Police Military Police, Bihar, Patna 4.

Deputy Inspector General of Police Military Police, Central Zone, Patna 5.

Commandant Bihar Military Polcie-5, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harshvardhan Shivsundaram For the Respondent/s :

Mr. P. K. Verma ( AAG3 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-07-2019 Heard the learned counsel for the petitioner and the State.

The petitioner, a learner driver Constable, who has been serving as Constable Driver in BMP-5, Patna since long, seeks a direction to the concerned respondent for regularizing his service as Driver Constable with BMP-5, Patna.

It has been submitted on behalf of the petitioner that he was subjected to a driving test way back in the year 2008 under the Chairmanship of Commandant, BMP-5 and

Patna High Court CWJC No.14451 of 2019(2) dt.22-07-2019 2/3 was declared successful. This fact was noted in the office of the Commandant, BMP-5 and the petitioner was inducted in service as learner Constable. Later, a Board was constituted by the Commandant, BMP-5 for inducting such learner Constables in the service of Driver Constables. An examination also was conducted by the aforesaid Board, in which also the petitioner was declared to be successful and his name was recommended by the Commandant, BMP-5 for being adjusted against the vacant / sanctioned post of Driver Constable.

It has been submitted that till date, the petitioner has not been made the Driver Constable in the BMP-5 though such learner Constables whose names were recommended in the Central and North Zone have been adjusted as the Driver Constables in the concerned BMP Battalions.

Under the aforesaid circumstances, the petitioner is directed to make a representation before the Deputy Inspector General, Military Police, Central Zone, Patna (Respondent No. 4), within a period of four weeks,

Patna High Court CWJC No.14451 of 2019(2) dt.22-07-2019 3/3 ventilating all his grievances and detailing the examinations that he has passed, namely, the driving and the written test as well as the recommendation of the Commandant, BMP-5. The Deputy Inspector General, Military Police, Central Zone, Patna (Respondent No. 4), on receipt of such representation within the aforesaid period, shall look into the matter and pass a reasoned order in accordance with law, within a further period of eight weeks thereafter.

With the aforesaid observation / direction, this petition stands disposed off.

(Ashutosh Kumar, J) skm/- U