Kuldeep Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14978 of 2019 ====================================================== Kuldeep Paswan, male, aged about 29 years, Son of Late Ghuran Paswan, Resident of Village- Barhi, P.S.- jay Nagar, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Home, Govt. of Bihar, Patna.

2.

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

The District Magistrate, Madhubani.

4.

The Superintendent of Police, Madhubani.

5.

The Officer-In-Charge, Jaynagar, Police Station-Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimal Kumar, Adv.

For the Respondent/s :

Ms. Divya Verma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 30-07-2019 Heard the counsel for the petitioner and the State.

2. The petitioner has approached this Court for a direction to the respondents to consider the case of the petitioner for being appointed on compassionate ground in place of his father, who died in harness on 09.09.2007.

Patna High Court CWJC No.14978 of 2019 dt.30-07-2019 2/3

3. The claim of the petitioner though prima facie appears to be highly belated, but it has been submitted that he had made a representation within time and his case was also recommended by the concerned authority. All the documents were forwarded to the District Compassionate Appointment Committee, but till date, no decision has been taken.

4. Without the counter affidavit, learned counsel for the State submits that if the case of the petitioner has been placed before the District Compassionate Appointment Committee, a decision ought to be taken, if it has not yet been taken.

5. The counsel for the State is absolutely justified in making the aforesaid statement.

6. If no decision has been taken on the case of the petitioner by the District Compassionate Appointment Committee, the same shall be taken within a reasonable period, preferably within a period of eight weeks of the receipt/production of a copy of this order.

7. If any decision has been taken by the District

Patna High Court CWJC No.14978 of 2019 dt.30-07-2019 3/3 Compassionate Appointment Committee, the petitioner would be entitled to challenge the same, if he is not satisfied with such decision.

8. Needless to state that if the claim of the petitioner is found to be tenable and within the parameters of law, necessary order shall be passed/caused to be passed by the concerned authority within the aforesaid period.

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

(Ashutosh Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 01.08.2019 Transmission Date N/A