Rajesh Kumar Chandra And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9565 of 2017 ======================================================
1. Rajesh Kumar Chandra, Son of Late Prithivi Chandra Sah, Resident of Village- Baranti, Police Station- Bidupur (O.P.), District- Vaishali, presently posted as Constable in B.M.P. -6, Muzaffarpur.
2. Sudama Prasad Paswan, Son of Late Vishwanath Prasad Paswan, Resident of Village- Balthua, Police Station- Sasaram, District- Rohtas, presently posted as Constable in B.M.P. -2, Dehri-on-Sone.
3. Nabalu Kumar, Son of Suresh Ram, Resident of Village- Shitalpur, Police Station- Bidhupur, District- Bodh Gaya, presently posted as Constable in B.M.P. -3, Bodh Gaya.
4. Shashi Ranjan Kumar Bharti, Son of Khedan Ram, Resident of Village- Baghi Baghmbarur, Police Station- Srinagar Pujaha, District- East Champaran, presently posted as Constable in B.M.P. -3, Bodh Gaya.
5. Vikash Kumar, Son of Ashok Prasad, Resident of Village- Mahimapur, Police Station- Tikari, District- Gaya, presently posted as Constable in B.M.P. -3, Bodh Gaya.
6. Ravi Kumar, Son of Kapildeo Prasad, Resident of Village- Ankari, Police Station- Narhat, District- Nawada, presently posted as Constable in B.M.P. -3, Bodh Gaya.
7. Jitendra Kumar Chaudhari, Son of Yogendra Choudhari, Resident of VillageJehaldih, Police Station- Sirdala, District- Nawada, presently posted as Constable in B.M.P. -3, Bodh Gaya.
8. Mukul Anand Manjhi, Son of Satish Manjhi, Resident of Village- Hawanpura, Police Station- Rahui, District- Nalanda, presently posted as Constable in B.M.P. -3, Bodh Gaya.
9. Saddam Hussain, Son of Md. Sajjad Ali, Resident of Village- Sadhua, Police Station- Rangra (O.P), District- Bhagalpur, presently posted as Constable in B.M.P. -3, Bodh Gaya.
10. Prmaod Kumar, Son of Late Ram Bachchan Prasad, Resident of VillageNasratpur Phulwariya, Police Station- Hisua, District- Nawah, presently posted as Constable in B.M.P. -3, Bodh Gaya.
11. Binod Kumar, Son of Lakhan Sao, Resident of Village- Majhauli, Police Station- Sirdala, District- Nawada, presently posted as Constable in B.M.P. -3, Bodh Gaya.
12. Mukesh Kumar Ram, Son of Rama Shankar Ram, Resident of Village- Jasauli Balua Tola, Police Station- Pachrukhi, District- Siwan, presently posted as Constable in B.M.P. -3, Bodh Gaya.
13. Virendra Kumar, son of Jaleshwar Ram, Resident of Village- Keshopur, Police Station- Lalganj, District- Vaishali, presently posted as Constable in B.M.P. -3, Bodh Gaya.
14. Saurabh Kumar, Son of Ashok Singh, Resident of Vilage- Mangaupur, Police Station- Bhagwanpur, District- Vaishali, presently posted as Constable in B.M.P. -3, Bodh Gaya.
15. Manoj Kumar Pandit, Son of Sri Ramkewal Pandit, Resident of VillagePipra, Police Station- Gadhami, District- Bhojpur, presently posted as Constable in B.M.P. -3, Bodh Gaya.
16. Priyanka Kumari, Son of Sri Pramod Gupta, Resident of Village- Kapasiyan, Police Station- Rajpur, District- Rohtas, presently posted as Constable in B.M.P.- 3, Bodh Gaya.
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17. Prem Shankar Jha, Son of Sri Baidhnath Jha, Resident of Village- Kumar Khand, Police Station- Kumar Khand, District- Madhepura, presently posted as Constable in B.M.P.- 4, Dumraon.
18. Din Bandhu Das, Son of Sri Bhuneshwar Das, Resident of Village- Sabalpur Harijan Tola, Police Station- Sonpur, District- Saran, Presently posted as Constable in B.M.P.- 4, Dumraon.
19. Mukesh Kumar, Son of Namonarayan Thakur, Resident of Village- Andarkila Kaushalyaghat, Police Station- Nagar Hajipur, District- Vaishali, Presently posted as Constable in B.M.P.- 4, Dumraon.
20. Chandan Kumar, Son of Late Shambhu Paswan, Resident of Village- Aadarsh Nagar, Police Station- Phulwari Sarif, District- Patna, Presently posted as Constable in B.M.P.- 4, Dumraon.
21. Yatan Kumar, Son of Raj Kumar Modi, Resident of Village- Baghaur, Police Station- Halsi, District- Lakhisarai, Presently posted as Constable in B.M.P.-5, Patna.
22. Anil Kumar, Son of Ram Lakhan Paswan, Resident of Village- Akauna, Police Station- Makhdumpur, District- Jehanabad, Presently posted as Constable in B.M.P.- 5, Patna.
23. Deobrat Kumar, Son of Ramashish Prasad, Resident of Village- Bahadurpur, Police Station- Rajauli, District- Nawada, Presently posted as Constable in B.M.P.-5, Patna.
24. Nikunj Kumar, Son of Badri Prasad Yadav, Resident of Village- Ghuthiya, Police Station- Rajaun, District- Banka, Presently posted as Constable in B.M.P.-5, Patna.
25. Himalaya Kumar, Son of Shivraj Malik, Resident of Village- Shitla Asthan, Mirchaibadi, Police Station- Katihar, District- Katihar, Presently posted as Constable in B.M.P.-5, Patna.
26. Praveen Kumar, Son of Raman Kumar Singh, Resident of Village- Navner, Police Station- Obra, District- Aurangabad, Presently posted as Constable in B.M.P.-5, Patna.
27. Santosh Kumar, Son of Hakim Yadav Resident of Village- Sukana Bigha, Police Station- Jehanabad, District- Jehanabad, Presently posted as Constable in B.M.P.-5, Patna.
28. Ram Babu Prasad, Son of Shivji Prasad, Resident of Village- Baina, Police Station- Nawanagar, District- Baxar, Presently posted as Constable in B.M.P.- 5, Patna.
29. Saddam Hussain, Son of Samid Khan, Resident of Village- Dandari, Police Station- Dandari, District- Begusarai, Presently posted as Constable in B.M.P.-5, Patna.
30. Batendra Pal, Son of Ram Bali Pal, Resident of Village- Simariwala, Police Station- Kutumba, District- Aurangabad, Presently posted as Constable in B.M.P.-5, Patna.
31. Rahul Kumar, son of Naresh Mishtri, Resident of Village- Thali Bazar, Police Station- Govindpur, District- Nawada, Presently posted as Constable in B.M.P.-5, Patna.
32. Chandan Kumar, Son of Saryu Prasad, Resident of Village- Jafara, Police Station- Bajirganj, District- Gaya, Presently posted as Constable in B.M.P.-5, Patna.
33. Abhay Kumar, Son of Naresh Mandal, resident of Village- Temtha, Police Station- Parbatta, District- Khagadiya, Presently posted as Constable in B.M.P.-6, Muzaffarpur.
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34. Dilip Kumar Sah, Son of Inarman Sah, Resident of Village- Dhan Khareya, Police Station- Harsidhi, District- East Champaran, Presently posted as Constable in B.M.P.-6, Muzaffarpur.
35. Chandan Kumar, son of Vishwanath Singh, Resident of Village- Dhanraj Chapra, Police Station- Rani Talab Kampa, District- Patna, Presently posted as Constable in B.M.P.-6, Patna.
36. Sanjeet Kumar, son of Kedar Mistry, Resident of Village- Sikandar Pur, Police Station- Muffasil, District- Nawada, Presently posted as Constable in B.M.P.-6, Muzaffarpur.
37. Rajeev Chaudhari, Son of Dilip Chaudhari, Resident of Village- Pain, Police Station- Sultanganj, District- Bhagalpur, Presently posted as Constable in B.M.P.-6, Muzaffarpur.
38. Vicki Kumar Prabhat, Son of Sri Subodh Das, Resident of Village- Fatehpur, Police Station- Mushri Gharari, District- Samastipur, presently posted as constable in B.M.P.-6, Muzaffarpur.
39. Randhir Chaudhari, Son of Brijnandan Chaudhari, Resident of village- Milki Korma, Police Station- Parasbigha, District- Jehanabad, presently posted as constable in B.M.P.-6, Muzaffarpur.
40. Raj Kishor Kumar, Son of Deodhari Prasad, resident of Village- Khujapi, Police Station- Chandauli, District- Gaya, presently posted as constable in B.M.P.- 7, Katihar.
41. Rahul Ranjan, Son of Vinod Kumar, Resident of village- East Murli Hill, Police Station- Kotwali, District- Gaya, presently posted as constable in B.M.P.- 7, Katihar.
42. Saxena Kumar, Son of Raj Kumar Paswan, Resident of Village- Naya Tola Katiya, Police Station- Muffasil, District- Munger, presently posted as constable in B.M.P.- 7, Katihar.
43. Nirmal Kumar, Son of Ganpati Prasad Yadav, Resident of Village- Ratanpura, Police Station- Dhelath, District- Madhepura, presently posted as constable in B.M.P.- 7, Katihar.
44. Dharmendra Kumar Baitha, Son of Wakil Chandra Baitha, Resident of Village- Lakhan Tola, Police Station- Piro, District- Bhojpur, presently posted as constable in B.M.P.- 7, Katihar.
45. Ravindra Sah, son of Bhola Sah, Resident of Village- Pipara, Police StationDaraunda, District- Siwan, presently posted as constable in B.M.P.- 7, Katihar.
46. Pankaj Kumar, Son of Deonandan Mahto, Resident of Village- Roh, Police Station- Roh, District- Nawada, presently posted as constable in B.M.P.- 7, Katihar.
47. Uchit Kumar, Son of Devendra Prasad, Resident of Village- Beldar Bigha, Police Station- Chhabilapur, District- Nalanda, presently posted as constable in B.M.P.- 7, Katihar.
48. Naresh Kumar Thakur, son of Sri Ramprit Thakur, Resident of Village- Tirhut Police Station- Babu Barhi, District- Madhubani, presently posted as constable in B.M.P.- 7, Katihar.
49. Basuki Nath Tiwari, Son of Gopi Nath Tiwari, Resident of Village- Babura, Police Station- Barhara, District- Bhojpur, presently posted as constable in B.M.P.- 7, Katihar.
50. Shyam Sundar Sah, Son of Chandeshwari Sah, Resident of VillageJiwachhpur, Police Station- Saur Bazar, District- Saharsa, presently posted as constable in B.M.P.- 7, Katihar.
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51. Alok Shankar, Son of Gyan Shankar Pandit, Resident of village- Chandi, Asthan, Kumhar Tola, Police Station- Basudeopur, District- Munger, presently posted as constable in B.M.P.- 7, Katihar.
52. Virendra Kumar, Son of Janaklal Mandal, Resident of village- Gonar Chak, Police Station- Parbatta, District- Bhagalpur, presently posted as constable in B.M.P.- 7, Katihar.
53. Nawal Kumar, son of Vinod Prasad, Resident of Village- Maulana Chak, Police Station- Parasbigha, District- Jehanabad, presently posted as constable in B.M.P.- 7, Katihar.
54. Rajesh Kumar, Son of Faujdari Yadav, Resident of Village- Kamla Kund Bak Tola, Police Station- Gopalplur, District- Bhagalpur, presently posted as constable in B.M.P.- 7, Katihar.
55. Akhilesh Kumar, Son of Durga Rai, Resident of Village- Hasilpur, Police Station- Naya Gaon, District- Saran, presently posted as constable in B.M.P.- 7, Katihar.
56. Chandan Kumar, Son of Chamaru Mahto, Resident of village- Mahwshwara, Police Station- Nawa Kothi, District- Begusarai, presently posted as constable in B.M.P.- 7, Katihar.
57. Santosh Kumar, Son of Dinesh Paswan, Resident of Village- Manjhauli, Police Station- Cheriya Bariyarpur, District- Begusarai, presently posted as constable in B.M.P.- 7, Katihar.
58. Rajiv Kumar Mandal, Son of Shatrudhan Prasad Mandal, Resident of VillageSimarbani, Police Station- Bhargama, District- Araria, presently posted as constable in B.M.P.- 7, Katihar.
59. Ram Kishor @ Ram Kishor Mandal, Son of Vimal Kumar Mandal, Resident of Village- Lakunama, Police Station- Bansi, District- Araria, presently posted as constable in B.M.P.- 7, Katihar.
60. Pramod Kumar, Son of Sri Lalit Ram Singh, Resident of Village- Jogewan, Police Station- Vikram Ganj, District- Rohtas, presently posted as constable in B.M.P.- 8, Begusarai.
61. Pawan Kumar Thakur, Son of Sri Tarkeshwar Thakur, Resident of VillageKharika, Police Staiton- Bidupur, District- Vaishali, presently posted as constable in B.M.P.- 8, Begusarai.
62. Vivek Kumar, Son of Sri Horil Rajak, Resident of Village Defara, Police Staiton- Gwalpara, District- Madhepura presently posted as constable in B.M.P.- 8, Begusarai.
63. Dhiraj Kumar, Son of Sri Jandeo Das, Resident of Village- Parbatta, Police Station- Khagaria, District - Khagaria, presently posted as constable in B.M.P.- 8, Begusarai.
64. Mukesh Kumar, Son of Sri Vindeshwar Prasad, Resident of village- Khutiya, Police Staiton- Mansi, District- Khagaria, presently posted as constable in B.M.P.- 8, Begusarai.
65. Manoj Kumar, Son of Sri Kamta Prasad, Resident of Village- Mahjiawan, Police Station- Mohanpur, District- Gaya, presently posted as constable in B.M.P.- 8, Begusarai.
66. Imresh Chandra Bharti, Son of Sri Jaidrath Mandal, Resident of VillageKowa Kauli, Police Station- Nath Nagar, District- Bhagalpur, presently posted as constable in B.M.P.- 8, Begusarai.
67. Amit Kumar, son of Sri Harishchandra Mandal, Resident of Village- Ghausi Tola, Police Station- Kashimpur, District - Munger, presently posted as constable in B.M.P.- 8, Begusarai.
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68. Ashwani Kumar, Son of Sri Budhan Singh, Resident of Village- Viroi, Police Station- Garaul, District- Vaishali, presently posted as constable in B.M.P.- 8, Begusarai.
69. Manish Kumar, son of Sri Sahdeo Prasad Yadav, Resident of Village- Duhavi, Police Station- Saur Bazar, District- Saharsa, presently posted as constable in B.M.P.- 8, Begusarai.
70. Hemant Kumar, Son of Sri Vaidhnath Prasad, Resident of VillageChakdullam, Police Station- Bhagwanpur, District- Begusarai, presently posted as constable in B.M.P.- 8, Begusarai.
71. Ashok Kumar Ranjan, Son of Sri Ganesh Ram Resident of Village- Auranda, Police Station- M.H. Nagar, District- Siwan, presently posted as constable in B.M.P.- 8, Begusarai.
72. Uttam Kumar Tanti, Son of Sri Rasiklal Tanti, Resident of Village- Launa, Police Station- Tarapur, District- Munger, presently posted as constable in B.M.P.- 9, Jamalpur.
73. Arun Kumar, Son of Late Keshri Prasad Singh, Resident of VillageRajabazar, Police Station- Hawai Adda, District- Patna, presently posted as constable in B.M.P.- 9, Jamalpur.
74. Vipin Kumar, Son of Jay Ram Mahto, Resident of Village- Chaldullah, Police Station- Bakhri, District- Begusarai, presently posted as constable in B.M.P.- 9, Jamalpur.
75. Shsahi Kumar, Son of Late Vashisht Narayan Singh, resident of Village Manjhla Pur, Lakho, Police Station- Muffasil, District- Begusarai, presently posted as constable in B.M.P.- 9, Jamalpur.
76. Prem Nath Kumar, Son of Late Kameshwar Chauhan, Resident of VillageNarayanpur, Police Station- N.T.P.C., Khaira, District- Aurangabad, presently posted as constable in B.M.P. - 12, Saharsa Camp Katihar.
77. Ravi Shankar Sharma, Son of Sri Ramesh Sharma, Resident of VillageLerua, Police Station- Sasaram Muffasil, District- Rohtas, presently posted as constable in B.M.P. - 12, Saharsa Camp Katihar.
78. Sujeet Kumar, Son of Sri Sudarshan Rai, Resident of Village- Mahuani, Police Station- Awtar Nagar, District- Saran, presently posted as constable in B.M.P. - 12, Saharsa Camp Katihar.
79. Chandan Kumar, son of Sri Karelal Mandal, Resident of Village- Madrauni, Police Station- Rangra, District- Bhagalpur, presently posted as constable in B.M.P. - 12, Saharsa Camp Katihar.
80. Sanoj Kumar Aadarshi, Son of Sri Jaglal Mahto, Resident of Village- Erki, Police Station- Mohanpur, District - Gaya, presently posted as constable in B.M.P. - 12, Saharsa Camp Katihar.
81. Chandan Kumar, Son of Sri Banarsi Sah, Resident of Village- Makarwachak, Police Station- Bakhari, District- Begusarai, presently posted as constable in B.M.P. - 12, Saharsa Camp Katihar.
82. Krishikesh Kumar, Son of Suryakant Surya, Resident of Village- Kusre, Police Station- Karpi, District- Arwal, presently posted as constable in B.M.P. - 12, Saharsa Camp Katihar.
83. Jitendra Kumar, Son of Amir Pandit, Resident of Village- Halimur, Police Station- Saheb Ganj, District- Muzaffarpur presently posted as constable in B.M.P. - 12, Saharsa Camp Katihar.
84. Ravindra Rajak, son of Naresh Rajak, Resident of Village- Gaushnagar, Police Station- Sarmera, District- Nalanda, presently posted as constable in B.M.P. 12, Saharsa camp Katihar.
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85. Subodh Kumar, Son of Vidya Sharma, Resident of Village- Chaksaidpur Rajauli, Police Station- Hajipur Sadar, District- Vaishali, presently posted as constable in B.M.P. 12, Saharsa camp Katihar.
86. Subodh Kumar, Son of Late Krishan Mahto, Resident of Village- Chimnapur, Police Station- Lalganj, District- Vaishali, presently posted as constable in B.M.P. 12, Saharsa camp Katihar.
87. Chandradeep Kumar, Son of Gauri Shankar Pandit, Resident of Village- Gosai Gawn, Police Station- Ghoswari, District- Patna, presently posted as constable in B.M.P. 12, Saharsa camp Katihar.
88. Anant Kumar Sharma, son of Manoj Kumar Sharma, Resident of VillageKharanti, Police Station- Bodh Gaya, District- Gaya, presently posted as constable in B.M.P. 12, Saharsa camp Katihar.
89. Vikash Kumar Sharma, Son of Virendra Sharma, Resident of Village- Dera, Police Station- Nokha, District- Rohtas, presently posted as constable in B.M.P. 12, Saharsa camp Katihar.
90. Mritunjay Kumar Sharma, Son of Sudama Vishwakarma, Resident of VillageRaipur Chir, Police Station- Baddi, District- Rohtas, presently posted as constable in B.M.P. 12, Saharsa camp Katihar.
91. Kundan Kumar, Son of Ramchandra Thakur, Resident of VillageHardiyaganj Simrabgan, Police Station- Sahayak Thana Katihar, DistrictKatihar, presently posted as constable in B.M.P. 12, Saharsa camp Katihar.
92. Md. Anjum Pravej, Son of Md. Inammul Haque, Resident of village- Reshna, Police Station- Murliganj, District- Madhepura, presently posted as constable in B.M.P. 12, Saharsa camp Katihar.
93. Ranjit Kumar Sah, Son of Saryug Sah, Resident of Village- Rasidpur, Police Station- Akbarnagar, District- Bhagalpur, presently posted as constable in B.M.P. 13, Darbhanga.
94. Rakesh Kumar, Son of Sri Surendra Sharma, Resident of Village- Jagmar Bigha, Police Station- Khushrupur, District- Patna, presently posted as constable in B.M.P. 13, Darbhanga.
95. Ranjeet Kumar Sah, Son of Ram Sharan Sah, Resident of VillageRaghunathpur Bazar, Police Station- Sugauli, District- East Champaran, presently posted as constable in B.M.P. 14, Patna.
96. Satendra Kumar, Son of Brij Kishore Prasad, Resident of Village- Fingi, Police Station- Bihiya, District- Bhojpur, presently posted as constable in B.M.P. 14, Patna.
97. Ritesh Kumar, Son of Muni Shrivastva, Resident of Village- Phulwariya, Police Station- Chenari, District- Rohtas, presently posted as constable in B.M.P. 15, Balmiki Nagar, Bagha, Camp Muzaffarpur.
98. Rajesh Kumar Paswan, Son of Late Ramgati Paswan, Resident of VillageBhagwatipur, Police Station- Chainpur, District- Kaimur at Bhabua, presently posted as constable in B.M.P. 15, Balmiki Nagar, Bagha, Camp Muzaffarpur.
99. Manish Kumar, Son of Sri Shankar Prasad Sah, resident of VillageDharampura, Police Station- Doriganj, District- Saran at Chapra, presently posted as constable in B.M.P. -, 100.
Om Prakash Paswan, Son of Ramesh Paswan, Resident of VillageKaripalpur, Police Station- Durgawati, District- Kaimur at Bhabhua, presently posted as constable in B.M.P. 15, Balmiki Nagar Bagha, Camp Muzaffarpur. 101.
Bisheshwar Kumar, Son of Sitaram Mahato, Resident of VillageBachhauli, Police Station- Khanpur, District- Samastipur, presently posted as constable in B.M.P. 15, Balmiki Nagar, Bagha, Camp Muzaffarpur.
7/17 102.
Bishnu Kumar, Son of Parshuram Sah, Resident of VillageTendubahar, Police Station- Rajpur, District- Rohtas, presently posted as constable in B.M.P. 15, Balmiki Nagar, Camp Muzaffarpur. 103.
Arbind Paswan, Son of Ramji Paswan, Resident of village- Karigai, Police Station- Belawn, District- Kaimur at Bhabhua, presently posted as constable in B.M.P. 15, Balmiki Nagar, Camp Muzaffarpur. 104.
Sujeet Kumar, Son of Shatrudhan Prasad, Resident of VillageBangara, Police Station- Sugauli, District- East Champaran, presently posted as constable in B.M.P. 15, Balmiki Nagar, Bagha, Camp Muzaffarpur. 105.
Vikram Kumar, Son of Shivji Mandal, Resident of Village- Bhimpur, Police Station- Bhimpur, District- Supaul, presently posted as constable in B.M.P. 15, Balmiki Nagar, Camp Muzaffarpur.
106.
Amarnath Kumar, Son of Shiv Prasad Rai, Resident of villageMahua Mukundpur, Police Station- Mahua, District- Vaishali, presently posted as constable in B.M.P. 15, Balmiki Nagar, Camp Muzaffarpur. 107.
Jitendra Kumar Singh, Son of Satyanarayan Singh, Resident of Village- Thahara West, Police Station- Maker, District- Saran, presently posted as constable in B.M.P. 15, Balmiki Nagar, Camp Muzaffarpur. 108.
Mithilesh Kumar, Son of Suresh Mandal, Resident of Village- Tetari, Police Station- Navgachhiya, District- Navgachhiya, presently posted as constable in B.M.P. 15, Balmiki Nagar, Bagha, Camp Muzaffarpur. 109.
Manish Kumar, Son of Rambriksh Thakur, Resident of VillageSrinagar Hata, Police Station- K. Hat, District- Purnea, presently posted as constable in B.M.P. 15, Balmiki Nagar, Bagha, Camp Muzaffarpur. 110.
Radha Krishan, Son of Shyam Kishor Thakur, Resident of VillageDhakel Rai Ke Tola, Police Station- Athmalgola, District- Patna, presently posted as constable in B.M.P. 15, Balmiki Nagar, Bagha, Camp Muzaffarpur. 111.Suraj Kumar, Son of Tenu Singh, Resident of Village- Amba, Police StationKharik, District- Bhagalpur, presently posted as constable in B.M.P. 15, Balmiki Nagar, Bagha, Camp Muzaffarpur.
112.
Jitendra Kumar Thakur, Son of Baleshwar Thakur, Resident of Village- Manikpur Pakri, Police Station- Lalganj, District- Vaishali, presently posted as constable in B.M.P. 15, Balmiki Nagar, Bagha, Camp Muzaffarpur. 113.
Ramesh Kumar, Son of Late Dhanesh Paswan, Resident of VillageAllipur Mukund, Police Station- Mahua, District- Vaishali, presently posted as constable in B.M.P. 15, Balmiki Nagar, Bagha, Camp Muzaffarpur. 114.
Avinash Kumar, Son of Arun Sah, Resident of Village- Jalalpur, Police Station- Lalganj, District- Vaishali, presently posted as constable in B.M.P. 15, Balmiki Nagar, Bagha, Camp Muzaffarpur. 115.
Sushil Kumar, Son of Bhimal Sao, Resident of Village- Patringa, Police Station- Sigori, District- Patna, presently posted as constable in B.M.P. 15, Balmiki Nagar, Bagha, Camp Muzaffarpur.
116.
Umashankar Yadav, Son of Matwar Yadav, resident of VillageKasahi, Police Station- Kopa, District- Saran, presently posted as constable in B.M.P. 15, Balmiki Nagar, Bagha, Camp Muzaffarpur. 117.
Sanjeet Kumar Saphy, son of Shyam Lal Saphy, Resident of VillageBanauli, Police Station- Sursand, District- Sitamadhi, presently posted as constable in B.M.P. 15, Balmiki Nagar, Bagha, Camp Muzaffarpur. 118.
Sunil Kumar Patwa, Son of Tarkeshwar Patwa, Resident of VillageSamar Dah, Police Station- Basantpur, District- Siwan, presently posted as constable in B.M.P. 15, Balmiki Nagar, Bagha, Camp Muzaffarpur.
8/17 119.
Azad Paswan, Son of Ram Charitra Paswan, Resident of Village- Jain Bigha, Police Station- Shekhpura, District- Shekhpura, presently posted as constable in B.M.P. 15, Balmiki Nagar, Bagha, Camp Muzaffarpur. 120.
Anuradha Priyadarshini, Son of Sri Vaidhanath Jha, Resident of Village- Satlakha, Police Station- Rahika, District- Madhubani, presently posted as constable in Mahila Sashatra Bahini, Beda, Sasaram. 121.
Annu Kumari, Son of Surya Narayan Singh, Resident of VillageMahirwara, Police Station- Nawakothi, District- Begusarai, presently posted as constable in Mahila Sashatra Bahini, Beda, Sasaram. 122.
Sneha Kumari, son of Brajesh Kumar Chaturvedi, Resident of Village- Samhauta, Police Station- Kopa, District- Chapra, presently posted as constable in Mahila Sashatra Bahini, Beda, Sasaram. 123.
Summan Kumari, Son of Bhanu Pratap Singh, Resident of VillageBhatkeshari Tola, Police Station- Jalalpur, District- Chapra, presently posted as constable in Mahila Sashatra Bahini, Beda, Sasaram. 124.
Prakash Kumar Chaudhari, Son of Ashok Kumar Chaudhari, Resident of village- Shahpur, Police Station- Pandaul, District- Madhubani, presently posted as Constable in B.M.P.- 5, Patna.
125.
Aman Kumar, Son of Rajendra Prasad, Resident of VillageAgarsanda, Police Station- Muffasil (Arah), District- Bhojpur (Arah), presently posted as Constable in B.M.P.- 5, Patna. 126.
Ajay Mahto, son of Sudarshan Mahto, Resident of Village- Bajhiyan, Police Station- Dariyapur, District- Saran, presently posted as Constable in B.M.P.- 5, Patna.
127.
Vikash Vishwakarma, Son of Bhola Vishwakarma, Resident of Village- Ankari, Police Station- Narhat, District- Nawada, presently posted as Constable in B.M.P.- 5, Patna.
128.
Mrigendra Kumar, Son of Ramawatar Pal, Resident of VillageHarpur, Police Station- Itadhi, District- Saran at Chapra, presently posted as Constable in B.M.P.- 5, Patna.
129.
Amit Kumar, Son of Devanand Singh, Resident of VillageMalkhachak, Police Station- Dighwara, District- Saran at Chapra, presently posted as Constable in B.M.P.- 5, Patna.
130.
Dharmendra Kumar Malakar, Son of Ashok Malakar, Resident of Village- Manikpur, Police Station- Harnaut, District- Nalanda, presently posted as Constable in B.M.P.- 5, Patna.
131.
Rakesh Thakur, son of Vishwanath Thakur, Resident of VillageTaraon, Police Station- Nasriganj, District- Rohtas, presently posted as Constable in B.M.P.- 5, Patna.
132.
Sanjay Kumar Gupta, Son of Kapil Deo Sah, Resident of villagePain, Police Station- Sultanganj, District- Bhagalpur, presently posted as Constable in B.M.P.- 11, Jamui.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Director General of Police, Bihar, Patna.
3. The Director General of Police, Military Police, Bihar, Patna.
4. The Additional Director General Of Police (H.Q.), Bihar, Patna.
5. The Additional Director General of Police, Bihar Police Radio Organization, Bihar, Patna.
6. The Inspector General (H.Q.), Bihar, Patna.
9/17
7. The Inspector General (Wireless and Technical Services), Bihar, Patna.
8. The Deputy Inspector General of Police, Bihar Military Police, North Range, Muzaffarpur.
9. The Deputy Inspector General of Police, Bihar Military Police, Central Range, Patna.
10. The Deputy Inspector General of Police, Bihar Police Radio Organization, Patna.
11. The AIG (Inspection), Bihar, Patna.
12. The AIG (Q), Bihar, Patna.
13. The Superintendent of Police, Bihar Police Radio Organization, Patna.
14. The Commandant, Bihar Military Police- 2, Dehri- on-Sone, Rohtas at Sasaram.
15. The Commandant, Bihar Military Police- 3, Bodh Gaya, at Gaya.
16. The Commandant, Bihar Military Police-4, Dumraon at Buxar.
17. The Commandant, Bihar Military Police-5, Patna.
18. The Commandant, Bihar Military Police-6, Muzaffarpur.
19. The Commandant, Bihar Military Police- 7, Katihar.
20. The Commandant, Bihar Military Police-8, Begusarai.
21. The Commandant, Bihar Military Police-9, Jamalpur, Munger.
22. The Commandant, Bihar Military Police-11, Jamui.
23. The Commandant, Bihar Military Police-12, Saharsa Camp BMP-7, Katihar.
24. The Commandant, Bihar Military Police- 13, Darbhanga.
25. The Commandant, Bihar Military Police-14, Patna.
26. The Commandant, Bihar Military Police-15, Balmikinagar, West Champaran, Camp BMP- 6, Muzaffarpur.
27. The Commandant, Mahila Shashtra Vahini, Beda, Sasaram.
28. The Deputy Superintendent of Police, (Technical/Training), Bihar Police Radio Organization, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bindhyachal Singh, Adv For the Respondent/s :
Mr. Dr. Anand Kumar, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 07-01-2019 Heard Mr. Bindhyachal Singh, learned counsel for the petitioners and Dr. Anand Kumar, learned AC to AAG-3.
2. The petitioners, who are 132 in number, have approached this Court for a direction to the Director General
10/17 of Police, Bihar Military Police (BMP in short) to relieve the petitioners from their respective battalions to facilitate their joining as Literate Constable (Operation) in the Bihar Police Radio Organization in terms of Memo No. 317 dated 16.02.2017 issued by the Additional Director General of Police (Wireless and Technical Services), Patna as also for setting aside the order dated 01.03.2017 issued by the Additional Director General of Police, BMP, whereby the relieving of the petitioners for their joining in Bihar Police Radio Organization has been forestalled.
3. The Director General of Police, vide his wireless message dated 23.09.2014 intimated to the heads of the District Forces and Units to forward such applications of interested Constables for the purposes of their absorption on the post of Literate Constable (Operation) in Bihar Police Radio Organization. A direction, therefore was issued to obtain the willingness of such Constables having requisite qualification which was enumerated in the aforesaid wireless message. The service particulars of the willing candidates, after applying the roster and reservation, was directed to be
11/17 submitted to the Director General of Police. The reason for issuance of such wireless message was lack of sufficient strength in the Bihar Police Radio Organization for effective transmission of Police decisions in various units. It was also made known to the Heads of the District Units that in the cadre of the Bihar Police Radio Organization, there would be promotional avenues and therefore many Constables in the District Police as also BMP Units would be interested in the same. Pursuant to the aforesaid wireless message, the willingness of the candidates (Constables) was obtained. The petitioners gave their willingness and on scrutiny of their academic qualification and otherwise suitability for being absorbed in the Bihar Police Radio Organization, they were recommended. The List of recommendees included 370 candidates, some of whome were taken from the District Police Unit whereas others including the petitioners were selected from various units/batallions of BMP.
4. Before they could be absorbed, by letter dated 01.03.2017, Additional director General of BMP, Patna wrote to the Director General of Police stating that in the present
12/17 times, a large number of posts of Constables in BMP is lying vacant and the strength of the Constables is much below the operational strength. Under such circumstances, taking out Constables from such BMP Units for being absorbed in Bihar Police Radio Organization would not only demoralize the Police Force but would also affect the administration of Policing in nexalite/terrorist infested areas.
5. A request, therefore was made to the Director General of Police to reconsider the absorption of such selected Constables from the BMP Units in Bihar Police Radio Organization.
6. Pursuant to the aforesaid letter, the further absorption after 181 Constables from the BMP Units and thereafter 11 Constables from the list of 370, was stopped.
7. Hence, this writ petition directing the respondents to give effect to the wireless message to the Director General of Police and the selection process by which 370 Constables including the petitioners have been selected for being absorbed in the Bihar Police Radio Organization.
8. During the course of argument, a Bench of this
13/17 Court was made to understand that if the number of Constables in the BMP Units would fall down, it would have cascading effect on the Policing in the State of Bihar.
9. On the contrary, learned counsel for the petitioners has informed this Court that several appointments of Constables have been made in phased process and now the strength of the BMP Units is not as low/less as is being projected.
10. Based on the aforesaid submissions on behalf of the parties, a Bench of this Court directed the State counsel to furnish information with regard to the number of vacancies in the BMP Units of the State of Bihar.
11. The last of the counter affidavits which have been filed, indicates that most of the posts have been filled up but as on date, approximately 2500 posts of Constables are vacant. A Committee also, it has been informed, reviewed all such information and came to the conclusion that with the present strength of BMP Constables, it would not be desirable for the rest of the 370 selected candidates/Constables to be absorbed in Bihar Police Radio
14/17 Organization.
12. Mr Bindhyachal Singh, learned counsel for the petitioners has submitted that the Committee which reviewed the strength position of the BMP Units completely misdirected itself in not considering the vacancies in the Bihar Police Radio Organization for making an effective comparison between the number of vacancies in these two organizations.
13. It has further been submitted that full strength of Bihar Police Radio Organization would be equally important for effective administration of Policing as the movement of the Police force/their placement is primarily based and made effective on effective communication which is controlled by the Bihar Police Radio Organization. It has also been submitted that for the 2500 posts of Constables which are still vacant, process has been initiated for filling up those posts.
14. In such event, in view of the specific statement made by the Director General of Police in his wireless message that approximately 1024 posts are lying vacant in
15/17 Bihar Police Radio Organization, it appears that the departments concerned/respondents are taking a myopic view of the matter in preventing/forestalling the absorption of the candidates who have been recommended for being absorbed in Bihar Police Radio Organization.
15. This Court, on going through the records of the case has found that the percentage of vacancies in the Bihar Police Radio Organization is lesser than compared to the vacancies in the post of Constables in Bihar Military Police Organization. This Court has also taken note of the fact that Constables from the District/Police Unit have also been included in the list of 370 Constables for being absorbed. All those 370 recommended candidates have the necessary/requisite academic qualification and suitability for being absorbed in the post.
16. In the event of their having been selected after undergoing the process of scrutiny, some kind of right has accrued to them and it would not now be open for the State to take a plea that because of the paucity of number Constables in the various BMP Units, this selection process
16/17 and the eventual recommendation of 370 posts would not be given effect to. Otherwise also, it does not appear to be logical that in case of 1024 posts in the Bihar Police Radio Organization, only 181 and later 11 Constables have been absorbed. It also does not appear to be rational in handpicking those 181+11 Constables for being absorbed when the list of the recommendees did not indicate that their numbers/positions were fixed in accordance with merit or seniority.
17. In that view of the matter, this writ petition is disposed off with a direction to the Director General of Police to constitute a Committee comprising the Director General of Bihar Military Police (BMP), Additional Director General of Police, Bihar Police Radio Organization and other Officers responsible for the maintenance of the Bihar Police Radio Organization as well as the BMP Units and take a call with respect to the desirability of absorbing these recommendees/Constables 370-(181+11) for being absorbed in the Bihar Police Radio Organization.
18. This Court has not for a minute taken into
17/17 account the fact that placement in the Bihar Police Radio Organization is a cadre post which would provide better promotional avenues to the recommendees. The only reason why this direction has been issued is that the channel of communication in a Police administration is of foremost importance, which cannot be ignored or undermined.
19. A decision at that level shall be taken within a period of eight weeks from the presentation/communication of this order to the Director General of Police, Government of Bihar.
20. With the aforesaid direction, the writ petition is disposed off.
(Ashutosh Kumar, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 12/01/2019 Transmission Date 12/01/2019