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Patna High CourtCWJC/88/2020dismissed

Binod Kumar Singh, v. The State Of Bihar

2022-06-27Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.88 of 2020 ====================================================== Binod Kumar Singh, Son of Late Nandesh Singh, Resident of MohallaRamjee Chak, Digha, Police Station-Digha, District Patna-800018. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Home (Police), Government of Bihar, Patna.

2.

The Director General of Police, Bihar, Patna. 3.

The Inspector General of Police, Patna Division, Patna. 4.

The Senior Superintended of Police, Patna.

5.

The Superintendent of Police (Central), Patna. 6.

The Deputy Superintendent of Police, Sachiwalya, Patna. 7.

The Deputy Superintendent of Police, Law and Order, Kotwali, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Singh For the Respondent/s :

Md. N.H.Khan (SC-1 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 27-06-2022 The punishment leading to imposition of one black mark against the petitioner has been recalled pursuant to certain orders passed in CWJC No. 8142/2018 earlier filed by the petitioner.

Other than statement made in the writ petition, there is nothing on record to show that after being exonerated from the charges the petitioner has approached any authority for his claim in respect of promotion to the rank of Sub Inspector or grant of ACP/MACP. The petitioner has ever made any representation. Petitioner has straightaway moved this Court by filing the

Patna High Court CWJC No.88 of 2020(3) dt.27-06-2022 2/2 instant case in January, 2020 itself.

Since there is no demand before the authorities and refusal of claim by the authorities, there is no occasion for this Court to arrive at a conclusion that there is a lapse on behalf of respondent-authorities and to issue a Mandamus directing them to perform the duties.

The application is disposed of in the aforesaid circumstances with the liberty to the petitioner to approach the concerned authorities for grant of due and admisible benefits of promotion as well as the benefits under ACP/MACP scheme. (Madhuresh Prasad, J) SUMIT/- U