Patna High CourtCWJC/13926/2017disposal with observation

Sujeet Kumar Yadav v. The State Of Bihar And ORS

2018-10-26Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13926 of 2017 =========================================================== Sujeet Kumar Yadav son of Suphindra Rai, Resident of Village- Alipur Mukund, P.O.- Hasanpur Bhadwas, P.S.- Mahua, District- Vaishali, Constable Bihar Military Police- 15, Balmiki Nagar, Bagaha, District- West Champaran at Bettiah. .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary Department of Home Affairs, Government of Bihar, Main Secretariat, Patna. null null

2. The Director General of Police, Bihar, Main Secretariat, Patna.

3. The Inspector General, Bihar Military Police, Bihar, Patna.

4. The Deputy Inspector General of Police Military Police, Patna.

5. The Commandant, Bihar Military Police- 15, Bagaha Camp, Bihar Military Police- 6, Muzaffarpur.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Anish Chandra, Advocate For the Respondent/s : Mr. P.K. Verma - AAG3 Mr. S. K. Sharma, AC to AAG-3 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 26-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In the present writ petition, the petitioner is claiming that he was appointed as Constable, BMP-15, Balmiki Nagar on 30.07.2015 on the basis of the recommendation of Central Selection Board, but later on it was found that he was illegally entered into service by impersonation. An FIR was also lodged against the petitioner vide Mithanpura P.S. Case No. 305 of 2015 and he has obtained anticipatory bail vide Cr. Misc. No. 40733 of 2016.

Patna High Court CWJC No.13926 of 2017 dt.26-10-2018 2 /2 When he approached to join the post, the respondent has refused to allow him to join.

Learned counsel for the petitioner submits that action of the respondent is illegal in refusing to allow him to join on the post where he was working.

Learned counsel for the respondent has submitted that it is case of impersonation and he has illegally entered into service. In such view of the matter, the petitioner is directed to file a detailed representation before the Superintendent of Police, Bagha, who will examine the case of the petitioner and will take final decision by passing a reasoned order within a period of four weeks from the date of production/receipt of a copy of this order. With the aforesaid observations and directions, this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/Sunny AFR/NAFR NAFR CAV DATE NA Uploading Date27.10.2018 Transmission Date NA