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Patna High CourtCWJC/9716/2014dismissed

Shankar Paswan v. The State Of Bihar And ORS

2016-10-26Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9716 of 2014 ====================================================== Shankar Paswan, Son of Bishwanath Paswan, resident of Village- Khaira Gram Panchayatm Raj Chakthat, ( East), Ward no. 09, P.O- Udaypur, Block- Rosera, District- Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar through D.G.P., ( Personnel), Bihar, at Patna.

2. The District Magistrate, Samastipur.

3. The Superintendent of Police, Samastipur.

4. The Sub- Divisional Officer, Rosera, Samastipur.

5. The Station House Officer, P.S- Rosera, Samastipur.

6. Debu Paswan Son of Ram Charitra Paswan resident of Village Khaira, P.O- Udaypur, P.S- Rosera, District- Samastipur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashhar Mustafa For the Respondent/s : Mr. Deepak Kumar AC to SC-5 For the Respondent No. 6:

Mr. Ashok Kumar Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 26-10-2016 Heard learned counsel for the parties.

Writ application is dismissed on two grounds. One that the post of Chaukidar having become a government post, akin to class-iv, is no longer an inheritable right, but requires fulfillment of the parameters of Article 14 and 16 of the Constitution of India.

The other allegations with regard to appointment of the private-respondents have been denied by the Superintendent of Police and he has categorically stated that the process of such selection was undergone by following the procedure.

Patna High Court CWJC No.9716 of 2014 (2) dt.26-10-2016 2/2 This fact has been seriously disputed by the petitioner.

The Court is not willing to go on a wild goose chase on mere inference and allegations.

In view of the aforesaid facts and circumstances, writ application is dismissed.

(Ajay Kumar Tripathi, J) SKM/- U