Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11329 of 2024 ====================================================== Sandeep Kumar, Son of Late Bipin Prasad, Resident of village- Ward no. 14, Devi Asthan, P.O. Narkatiyaganj, P.S.- Shikarpur, Dist- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Home Secretary (Police) Government of Bihar, Patna.

2.

The Home Secretary (Police), Department of Home, Government of Bihar, Patna.

3.

The Deputy General Commandant, Bihar Home Guard Head Quarter, Patna. 4.

The District Magistrate cum District Fire Officer, West Champaran, Bettiah. 5.

The District Commandant, Bihar Home Guard, District- Bettiah, West Champaran.

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

For the Petitioner/s :

Mr.Ram Kishun Prasad, Advocate For the Respondent/s :

Mr.Government Pleader 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-07-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed seeking direction for appointment on compassionate grounds in place of his father who died while he was engaged in the discharge of official duty (Election Duty).

3. Learned counsel for the State raised a preliminary objection and submitted that from Annexure P-2 which is Memo No.763 dated 15.04.2024., it transpires that the mother of the petitioner had moved earlier before this Court in which Rs. 10,00,000/- (Rupees Ten Lacs Only) as ex gratia amount has

Patna High Court CWJC No.11329 of 2024(2) dt.30-07-2024 2/2 been granted to her and subsequently payment has been made which is apparent from page 13 and 14 of the writ petition. However, he submits that it is true that representation has been filed but the said representation has been filed in the year 2024 i.e. delay of about 14 years.

4. In the light of the submissions made, this Court without entering into the merit and demerit of the case, directs the petitioner to file a fresh representation before respondent No. 5, namely, the District Commandant, Bihar Home Guard, District -Bettiah, West Champaran within 30 days from today along with a copy of this order whereupon the District Commandant, Bihar Home Guard is directed to pass order on the representation of the petitioner assigning reason, in accordance with law within 90 days thereafter.

5. It is made clear that this Court has not applied its mind to the merit or demerit of the case.

6. With the aforesaid observation and direction, the present writ petition stands disposed off.

(Dr. Anshuman, J) Ashwini/- U