Patna High CourtL.P.A/1184/2016dismissed

Santotsh Kumar Sah v. The State Of Bihar And ORS

2017-12-05Mr. Justice Rajeev Ranjan Prasad,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1184 of 2016 IN Civil Writ Jurisdiction Case No. 6325 of 2011 =========================================================== Santotsh Kumar Sah Adopted son of Late Mohan Sah, Resident of village + P.O.- Panditpur, P.S.- Janta Bazar District- Chapra (Saran) .... .... Petitioner - Appellant

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna

2. The Secretary, Personnel and Administrative Reform Department, Government of Bihar, Patna

3. The Director General cum Inspector General Police, Bihar, Patna

4. The District Magistrate, Sitamarhi

5. The Superintendent of Police, Sitamarhi

6. The District Compassionate Appointment Committee, Sitamarhi through its Secretary, Sitamarhi

7. The District Establishment Deputy Collector, Sitamarhi .... .... Respondents / Respondents.

=========================================================== Appearance:

For the Appellant/s : Mr. Yogesh Chandra Verma, Sr. Advocate, Mr. Ranjeet Kumar, Mr. Kundan Kumar & Mr. Dilip Kumar, Advocates.

For the Respondent/s : Mr. Saroj Sharma, AC to AAG 3. =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 05-12-2017 Heard learned Senior Counsel for the appellant and learned counsel for the respondents.

The appellant is required to be dismissed for the simple reason that the death of the employee had happened on 09.01.2006. More than 11 years have gone past since the death of the bread-earner and another significant aspect which has been dealt with by the learned single Judge is whether a nephew could be given the benefit

Patna High Court LPA No.1184 of 2016 dt.05-12-2017 2/2 of compassionate appointment, especially when the story of adoption is not creditable and has been stage-managed after the death of the employee.

If the Writ Application has been dismissed in the above background, the learned single Judge has committed no error in law. There is no merit in the appeal and the same is dismissed. (Ajay Kumar Tripathi, J) (Rajeev Ranjan Prasad, J) Dilip, AR AFR/NAFR NAFR CAV DATE N/A Uploading Date 06.12.2017 Transmission Date N/A