Jyotindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25146 of 2019 ====================================================== Jyotindra Kumar, aged about 58 years, Male, S/o Jitendra Kumar Vishwakarma, R/o 726/527, J.K. Sadan, Rajendra Path, Benibagicha, P.S. Gandhi Maidan, Distt.- Patna- 800001.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Director General of Police, Secretariat Building, Patna, Bihar.

2.

The Director General-cum-Commandant General, Home Guard, Chhajubagh, Patna.

3.

The Home Secretary, Home Special Department, Govt. Bihar, Secretariat Building, Patna.

4.

The District Magistrate (Collector), Patna.

5.

The Deputy Inspector General-cum-Deputy Commandant General, Home Guard, Chhajubagh, Patna.

6.

The Commandant (A), Home Guard, Chhajubagh, Patna. 7.

The Commandant (B), Home Guard, Chhajubagh, Patna. 8.

The Police Inspector-cum-In-charge Officer, Police Information Room (PIR), Patna.

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

For the Petitioner/s :

Mr.Shri Prakash Tiwari For the Respondent/s :

Mr.Md. N.H. Khan (Sc1) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-12-2019 Learned counsel for the petitioner submits that the petitioner got message from the Home Guard Office that he is going to retire on 31.12.2019 from the post of Home Guard but from perusal of Annexure-5 itself, it appears that this message was not sent by any authorized person or by the Controlling Authority. The petitioner has got mere apprehension of being retired on 31.12.2019 whereas there is specific notification as

Patna High Court CWJC No.25146 of 2019(2) dt.20-12-2019 2/2 contained in Annexure-4 that the Home Guard shall retire after completion of 60 years of age.

In this view of the facts, I find that this writ petition is premature. Accordingly, the writ petition is dismissed. (Prabhat Kumar Jha, J) S.KUMAR/- U