Jitu Kumar v. The State Of Bihar,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14191 of 2024 ====================================================== Jitu Kumar Son of Ram Bali Yadav Resident of Village- Bishunpur Bigha, P.O.- Pakri Guriya, P.S. Imamganj, District- Gaya. ... ... Petitioner/s
Versus
1.
The State of Bihar, through the Principal Secretary, Department of Home, Govt. of Bihar, Patna.
2.
The Divisional Commandant, Bihar Home Guard, Magadh Division, Gaya. 3.
The Senior District Commandant-cum-Secretary, Bihar Home Guard, Magadh Division, Gaya.
4.
The District Collector District Magistrate, Gaya. 5.
The Superintendent of Police, Home Guard, Gaya. 6.
The Dy. Superintendent of Police, Bihar Home Guard, Gaya. 7.
The Circle Officer, Imamganj, District- Gaya. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Virendra Prasad, Adv For the Respondent/s :
Mr. Nadim Siraj, GP-5 Mrs. Shalini Mishra, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-09-2024 Heard Learned Counsel for the petitioner and Learned Counsel for the State.
2. The present writ petition has been filed for quashing of the order contained in Memo No. 786 dated 28.05.2024 i.e. Annexure-P/9 issued by Respondent No. 3 by which Respondent No. 3 has cancelled the selection of the petitioner as Home Guard on the ground that the petitioner has produced forged and fabricated documents.
3. Learned Counsel for the State has raised
Patna High Court CWJC No.14191 of 2024(2) dt.19-09-2024 2/3 preliminary objection and submits that the present writ petition is not maintainable as, no decision has been taken relating to the cancellation of the petitioner's appointment on the post of Home Guard as per Memo No. 786 dated 28.05.2024.
4. Upon hearing the argument of both the parties, it transpires to this Court that operative part of Annexure-P/9 is as follows:
अतःआपददनांक29.05.2024 कोकारारलर अवदधमेउपदससतहोकरआपके दवरदलगारेगरे आरोपोके संबंधमेवसतुदससदतसेअवगतकराना सुदनदचतकरेगे।अनरसादससदतमेफररवाडाकरनेके आरोपमेआपकेचरनकोसमापतकरनेकरकारवाईकर राएगर।
5. Upon bare reading of the aforesaid letter, it transpires to this Court that this letter i.e. Memo No. 786 dated 28.05.2024 impugned letter is not the cancellation of the petitioner's appointment, rather it is simply a show-cause issued to the petitioner in which he was directed to appear before the concerned authority explaining all the charges levelled against him.
6. In this view of the matter, this Court is of the firm view that the present case has no merit. Accordingly, the present
Patna High Court CWJC No.14191 of 2024(2) dt.19-09-2024 3/3 writ application stands dismissed.
(Dr. Anshuman, J) Sunnykr/- U