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Patna High CourtCWJC/2356/2018dismiss for nonprosecution

Harindra Kumar Rai v. The State Of Bihar And ORS

2023-09-18Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2356 of 2018 ====================================================== Harindra Kumar Rai Son of Kamala Kant Rai, Resident of Village- Paharpur, P.S. Rampur Karkhana, District- Deoria.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Home Department, Govt. of Bihar, Patna. 3.

The Principal Secretary, General Administration Department, Govt. of Bihar, Old Secretariat, Patna.

4.

The Principal Secretary, Department of Law, Govt. of Bihar, Old Secretariat, Patna.

5.

The Bihar Public Service Commission, through its Chairman, Jawaharlal Nehru Marg, Bailey Road, Patn 6.

The Secretary, Bihar Public Service Commission, Jawaharlal Nehru Marg, Bailey Road, Patna.

7.

The Controller of Examination, Bihar Public Service Commission, Jawaharlal Nehru Marg, Bailey Road, 8.

The Joint Secretary-cum-Joint Director, Prosecution Directorate, Home Department, Govt. of Bihar, P ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None.

For the State :

Mr. Raghwanand, GA 11 For the BPSC :

Mr. Sanjay Pandey, Advocate Mr. Nishant Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-09-2023 On call, no one appears on behalf of the petitioner although the State as also BPSC are represented.

2. The present petition has been filed for the issuance of a writ, order or direction in the nature of mandamus directing the respondents to appoint the petitioner as Asst. Prosecution Officer, as he is next in merit in the general category as per the final select list published for the posts notified vide Advt. No.

Patna High Court CWJC No.2356 of 2018(3) dt.18-09-2023 2/2 42/11 for the year 2011 and one post is still lying vacant.

3. A counter affidavit has been filed by the respondent nos. 1, 2 and 8 detailing out the facts of the case.

4. It is the submission of the State as also the BPSC that in 2017 itself, the list of successful candidates have been published whereafter the writ petition has been filed and has no meaning.

5. Be that as it may, since no one has appeared, the writ petition stands dismissed for non prosecution. (Rajiv Roy, J) Neha/- U