Chandan Kumar And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13645 of 2017 ======================================================

1. Chandan Kumar, S/o Sahabir Prasad, Resident of Village- Nonfar, P.O.- Nagra, P.S.- Marhaura, District- Saran.

2. Aswani Kumar Sharma, S/o Vikramaditya Sharma, Resident of VillageChanchakka, P.S.- Kuchaikot, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Court of Bihar, Patna.

2. D.G. of Police, Bihar, Patna.

3. A.D.G., Wireless and Technical Service Bihar, Patna.

4. I.G. Darbhanga Zone Darbhanga.

5. D.I.G. Purnea Range Purnia.

6. S.P. Kishanganj.

7. S.P. Wireless, Bihar, Patna.

8. A.D.G. Rail, Bihar, Patna.

9. S.P. Rail, Katihar.

10. Dy. S.P. Rail, Katihar.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shruti Sinha For the Respondent/s : Mr. P.K. Verma- Aag3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-04-2018 In view of the admitted fact, as narrated in paragraph10 of the counter-affidavit filed on behalf of the respondent no.6 that on account of negligence of the respondents, the application of petitioner no. 1 could not be sent in time to the competent authority, the case of the petitioner no.1 is required to be considered by the respondents for the purposes of appointment to the post of literate constable (Operator) in Bihar Police Radio on merits. As far as the petitioner no.2 is concerned, the petitioner No.2 has failed to show that his case was not sent within time

Patna High Court CWJC No.13645 of 2017 (2) dt.25-04-2018 2/2 whereas on the contrary the respondents have stated that there was no delay in sending the application of petitioner No.2, hence the case of petitioner no.2 deserves no consideration, thus the writ petition qua the petitioner no.2 is dismissed. Having regard to the facts and circumstances of the present case, the present writ petition is disposed of with a direction to the respondents to consider the case of petitioner no.1, on merits without taking into account the delay caused in sending his application.

The writ petition is disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) BTiwary/- U