Amit Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23828 of 2019 ====================================================== Amit Raj S/o Akhilesh Sharma resident of Village- Berar, P.S. Rania Talab (Kanpa), District- Patna, (Bihar).

... ... Petitioner

Versus

1.

The State of Bihar through Chief Secretary, Government of Bihar, Patna. 2.

The Central Selection Board (Constable Recruitment Bihar, Patna), through its Chairman, Shri Sai Tara Complex, I.A.S. Colony, Jawahar Lal Nehru Marg, Patna.

3.

The Chairman, Central Selection Board (Constable Recruitment Bihar, Patna), Shri Sai Tara Complex, I.A.S. Colony, Jawahar Lal Nehru Marg, Patna.

4.

The Principal Secretary, Home Department, Govt. of Bihar, Patna. 5.

The Director General of Police, Bihar, Patna. 6.

The Commandant Bihar Home Guards and Fire Brigade Services, Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh with Mr.Vijay Kumar, Advts.

For the Respondent/s :

Mr.Md.Nadim Seraj (GP5) with Ms. Shalini AC to GP-5 For the C.S.B.

:

Mr. Sanjay Pandey with Mr. Binod Kr. Mishra, Advts.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-02-2020 Heard learned counsel for the petitioner, learned counsel for the respondent-State as well as learned counsel for the Central Selection Board (for short 'the Board'). The petitioner is an applicant for appointment on the post of Constable Driver. It is his submission that though he was successful in process he has not been appointed. The learned counsel, representing the Board, submits that one First Information report arising out of Gardanibagh

Patna High Court CWJC No.23828 of 2019(4) dt.18-02-2020 2/2 P. S. Case no. 73 of 2019 has been lodged, wherein, 472 candidates, including the petitioner has been arraigned as one of the accused persons. The same is pending investigation. The allegation in the criminal proceeding is based on a mismatch in the handwriting and the fingerprint of the candidates in the process of examination. Pendency of the criminal proceedings in respect of the genuineness of the recruitment process, therefore, leaves no scope for this Court to issue any direction in favour of the petitioner. The writ petition is, therefore, dismissed.

If upon conclusion of the criminal proceedings the petitioner has any valid cause of action, needless to say he would be at liberty to avail remedy in accordance with law. (Madhuresh Prasad, J) shyambihari/- U