Constable No. 1338 Sujit Kumar Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8070 of 2017 ======================================================

1. Constable No. 1338 Sujit Kumar Singh, Son of Late Ram Naresh Singh, President, Bihar Police Men's Association, Branch Gaya, District Gaya.

2. Constable No. 1223 Babalu Kumar, Son of Sri Narain Singh, Vice President (1) Bihar Police Men's Association, Branch Gaya, DistrictGaya.

3. Constable No. 1841 Raj Bihari Ram, Son of Sri Gorakh Nath Ram, Vice President (2), Bihar Police Men's Association, Branch Gaya, District- Gaya.

4. Havildar Krishna Deo Paswan, son of Late Ram Deo Paswan, Secretary, Bihar Police Men's Association, Branch Gaya District- Gaya.

5. Constable No. 35, Dilip Kumar, Son of Late Chulahai Chaudhary, Joint Secretary, Bihar Police Men's Association, Branch Gaya DistrictGaya.

6. Constable No. 259 Dilip Kumar, Son of Jai Kishore Chawdhary, Treasurer, Bihar Police Men's Association, Branch Gaya District- Gaya.

7. Havildar Sohrai Uraon, Son of Sri Sunny Oraon, Member Central Bihar Police Men's Association, Branch Gaya District- Gaya.

8. Constable No. 841 Mantu Rajak, Son of Late Ram Dhani Rajak, Auditor, Bihar Police Men's Association, Branch Gaya District- Gaya. .... .... Petitioners

Versus

1. The State of Bihar through the Inspector General of Police, Govt. of Bihar, Patna.

2. The Deputy Inspector General Of Police, Magadh Range, Gaya.

3. The Senior Superintendent of Police, Gaya.

4. Constable No. 2177, Shri Narendra Kumar Dheeraj, Son of Late Dudheshwar Singh, General Secretary, Bihar Police Men's Association, Central Office, Naveen Arakshi Kendra Patna.

.... .... Respondents ======================================================

Patna High Court CWJC No.8070 of 2017 (5) dt.05-01-2018 2/3 Appearance :

For the Petitioner/s : Mr. Satish Kumar Sinha, Advocate For the State : Mr. Kumar Vikram, AC to GA-4 For respondent no. 4 : Mr. Bibhakar Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-01-2018 In the present writ petition, the prayers of the petitioners are as under :- "(i) For quashing of impugned letter contained in Memo No. 76 dated 29.03.2017 (Annexure-4) issued by the General Secretary, Bihar Police Men‟s Association, Central Office Navin Arakshi Kendra, Patna (respondent no. 4) whereby and whereunder, the petitioners who are the elected Members of Bihar Police Men‟s Association, Gaya Branch, District Gaya by virtue of letter contained in Memo No. 01/Ass dated 24.03.

2015 have been removed from their respective posts of Association, debarring the petitioners from the membership of the Association for six years and further directed that no quarterly contribution shall be deducted during the period of six years which is wholly arbitrary, illegal, without jurisdiction, contrary and in the teeth of the constitution and Niyamawali of Bihar Police Men‟s Association hereinafter referred to as „Association‟.

(ii) For issuance of an appropriate writ/writs in the nature of writ of mandamus with a direction to respondent authorities not to

Patna High Court CWJC No.8070 of 2017 (5) dt.05-01-2018 3/3 give effect of the impugned letter contained in Memo No. 76 dated 29.03.2017 (Annexure-4) so far it relates to the writ petitioners and petitioners be remained/reinstated as Elected Members of Bihar Police Men‟s Association, Branch, Gaya, District- Gaya.

(iii) For grant of any other relief/relief(s) to the petitioner as your Lordships may deem fit and proper in the interest of justice."

In view of the judgment of this court in CWJC No. 15891 of 2017, at the outset, Mr. Satish Kumar Sinha, learned counsel for the petitioners submitted that he may be permitted to withdraw the writ petition in order to seek other remedies available in law.

Leave is granted.

The writ petition is disposed of.

(Ashwani Kumar Singh, J) Kanchan/- U