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Patna High CourtCWJC/12745/2011allowed

Dhanpal Singh v. The Union Of India And ORS

2021-11-24Mr. Justice P. B. Bajanthri3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12514 of 2011 ====================================================== NIRANJAN KUMAR YADAV S/O-Kameleshwar I Pr4asad Yadav VillBaidpur ,P.S-Shambhugani,Dist-Banka ... ... Petitioner/s

Versus

1.

THE UNION OF INDIA and ORS 2.

The Inspector General Police ,Bihar Sector ,Centeral Reserve Police Force ,Patna ,Bihar 3.

The Deputy Inspector Generl ,Group Centre ,Centerl Reserve Police Force ,Muzaffarpur 4.

The Deputy Inspector General Of Police ,Group Centre ,Centeral Reserve Police Force ,Jhapha ,Muza 5.

The Commandent ,Central Reserve Police Force ,Jhapha ,Muzaffarpur,Bihar 6.

Sri Amitabh Singh ,Deputy Commondent Then He Was Posted At Group Centre ,Central Reserve Police Fo ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 12745 of 2011 ====================================================== DHANPAL SINGH S/O Roshan Singh Resi. Of Vill.-Magriya Nagla,P.S.- Ushahat,P.O.-Bhundi ,Dist.-BadaunU.P.Pin Code -243641 ... ... Petitioner/s

Versus

1.

THE UNION OF INDIA and ORS Patna Bihar 2.

The Inspector General Of Police ,Bihar Sector , Central Reserve Police Force Patna Bihar 3.

The Deputy Inspector General ,Group Centre. Central Reserve Police Force Muzaffarpur 4.

The Deputy Inspecctor General Of Police ,Group Centre Central Reserve Police Force Jhapha ,Muzaffarpur, Bihar 5.

The Commandant Central Reserve Police Force Jhapha ,Muzaffarpur, Bihar 6.

Shri Amitabh Singh ,Deputy Commandant Posted In Group Centre ,Central Reserve Police Force Muzaffarpur , Bihar ... ... Respondent/s ====================================================== Appearance :

(In Civil Writ Jurisdiction Case No. 12514 of 2011) For the Petitioner/s :

Mr. Dinu Kumar, Advocate For the Respondent/s :

Mr. Anshuman Singh, Advocate (In Civil Writ Jurisdiction Case No. 12745 of 2011) For the Petitioner/s :

Mr. Dinu Kumar, Advocate

Patna High Court CWJC No.12514 of 2011 dt.24-11-2021 2/3 For the Respondent/s :

Mr.Anshuman Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 24-11-2021 Heard learned counsel for the petitioner and learned counsel for the State.

In the instant petition, petitioner has sought for following relief/reliefs:

"This writ application is being filed for issuance of an appropriate writ/writs, order or orders in the nature of certiorari for quashing of the initial order dated 24.09.2010 by which the petitioner has been removed from service from the post of constable with effect from 24.09.10 by the Commandant respondent no. 5 and as much as for quashing of the appellate order dated 14.02.11 passed by the Deputy Inspector General of Police, Group Centre, C.R.P.F, Jhapha, Muzaffarpur, Bihar and the revisional order dated 25.06.11 passed by the Inspector General of Police, Bihar Sector, Central Reserve Police Force, Bihar affirming the original order dated 24.09.

10 and further for issuance of an appropriate writ in the nature of mandaus for direction and commanding the respondents to allow the petitioner to work on the post of constable under the establishment of respondents till the petitioner attain the age of superannuation giving the petitioner legal, consequential and financial benefits forthwith and further for any other appropriate relief or reliefs for which the petitioner is entitled in the facts and circumstances of this case."

Learned counsel for the petitioner submitted that the present matter is covered by CWJC No. 6862 of 2013. On 16.11.2021, learned counsel for the respondent was asked to verify as to whether is there any L.P.A. against the order passed in CWJC No. 6862 of 2013 or not.

Patna High Court CWJC No.12514 of 2011 dt.24-11-2021 3/3 Today on instruction submitted that respondents have not preferred L.P.A. and they have implemented the orders of the learned Single Judge. therefore, the present petition is covered by the earlier decision passed in CWJC No. 6862 of 2013. Accordingly, impugned orders dated 24.09.2010, 14.02.2011 and 25.06.2011 are set aside. The consequential benefits shall be extended to the petitioner in terms orders passed in the cited decision.

(P. B. Bajanthri, J) GAURAV S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.11.2021 Transmission Date NA