Arun Kumar Thakur v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 387 of 2015 Arun Kumar Thakur, Aged 58 years, S/o Shri C.S.Thakur, Working as ASI (M) / LDC O/o The Superintendent of Police, Jagdalpur, District Baster, Chhattisgarh. ---- Appellant

Versus

1. State of Chhattisgarh, Through Its Secretary, Department of Home & Police, Mantralaya, Mahanadi Bhawan, Naya Raipur.

2. The Director General of Police, Chhattisgarh, Raipur.

3. The Inspector General of Police, Baster Range, Baster Chhattisgarh.

4. The Superintendent of Police, Jagdalpur, District Baster Chhattisgarh. ---- Respondents For Appellant :

Shri R.K.Kesharwani, Advocate.

For Respondent/State :

Shri Gary Mukhopadhyay, Panel Lawyer.

Hon'ble Shri Navin Sinha, Chief Justice Hon'ble Shri P. Sam Koshy, J.

Judgment on Board Per Navin Sinha, Chief Justice 14/08/2015 1.

The present appeal arises from order dated 30.7.2015 dismissing Writ Petition (S) No. 2704 of 2015. The Learned Single Judge held that since the Director General of Police, Chhattisgarh did not lack statutory jurisdiction for suo motu revisionary powers under Clause 270 of the Chhattisgarh Police Regulations, the writ petition was not maintainable. 2.

We have considered the submissions on behalf of the Appellant and find no reason to interfere with the impugned order at this stage. 3.

If a show cause notice is not without jurisdiction, the writ petition will not be maintainable as premature. After the cause is shown, it is always possible

that it may be accepted or it may not be accepted. 4.

Needless to state that if the cause shown is not accepted, the authority is required to pass a reasoned and speaking order displaying application of mind, so that judicial review, if necessary is facilitated. 5.

The writ appeal is dismissed with the aforesaid observations. Sd/- Sd/- (Navin Sinha) (P. Sam Koshy) CHIEF JUSTICE JUDGE Subbu