Harendra Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18024 of 2015 ====================================================== Harendra Prasad Singh Son of Late Suraj Deo Singh Resident of Village P.O. - Sighara Bujurg, P.S. - Mahua, District - Vaishali. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Director General of Police, Bihar Military Police, Patna. 3.

Deputy Inspector General, Bihar Military Police, North Zone, Muzaffarpur. 4.

Commandant, Bihar Millitary Police - VI, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Baidya Nath Thakur, Advocate For the Respondent/s :

Mr.A.B. Sinha- Sc19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-09-2023 1.

The present writ petition has been filed seeking the following reliefs:- "(i) For direction to the Director General of Bihar Military Police, Patna (Respondent No.2) to treat the petitioner who was compulsory retired on 6.3.1990 from the post of Hawaldar in Bihar Military Police-VI, Muzaffarpur to have continued in service up to his normal age of superannuation in July, 1998 in view of his acquittal in Special Case No.142/2002/ Tr. No. 10/2012 arising out of Mithanpura P.S. Case No. 110/87 under section 161 of the Indian Penal Code and Section 5(1) (d) and 5(2) of the prevention of Corruption Act, 1988.

Patna High Court CWJC No.18024 of 2015(2) dt.22-09-2023 2/2 (ii) For direction to the Respondents No.2 to refuse the petitioner's pension and other part of post retiral benefits such as Arrear of salary, gratuity, leave encashment, Provident Fund and group insurance as if he has superannuated in normal course in July, 1998 and pay the balances thereof with penal interest at the earliest."

2.

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law. Liberty, so sought, is granted.

3.

The writ petition stands disposed of as not pressed.

(Mohit Kumar Shah, J) kanchan/- U