Dilip Kumar Mishra And Anr vs The State Of Bihar And Ors
2021 Latest Caselaw 4115 Patna

            IN THE HIGH COURT OF JUDICATURE AT PATNA
              Civil Writ Jurisdiction Case No.6570 of 2016
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1. Dilip Kumar Mishra, son of Sri Neelambar Mishra, Resident of village- Ranipur, P.S.-Sadar, District- Darbhanga.

2. Bechan Yadav, son of Kusheshwar Yadav, resident of village- Akour, P.S.- Benipatti, District- Madhubani.

... ... Petitioners Versus

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

2. The Principal Secretary, Department of Home, Government of Bihar, Patna.

3. The D.G. of Police, Bihar, Patna.

4. The S.P., Nawada.

5. The S.P., Saran.

6. The S.P., Darbhanga.

... ... Respondents ====================================================== Appearance :

For the Petitioners : Ms. Shruti Sinha, Advocate For the Respondents : Mr. Kinkar Kumar, S.C. 27 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 16-08-2021

Heard learned counsel for the petitioners and

learned counsel for the respondents through video conference.

2. The present writ petition has been filed "for

issuance of an appropriate writ order or direction for commanding

the respondents to take decision regarding reappointment of the

petitioners on the post of constables under the provisions of Bihar

State Litigation Policy, 2011 Section 4C(1) which is under

consideration since 2015 but till date the decision has not been

taken and petitioner has not been appointed as the case of the Patna High Court CWJC No.6570 of 2016 dt.16-08-2021

petitioners and several others who were also dismissed with them

but later reappointed are similar and thus as per the said policy

the same benefit should be extended to the petitioners and they

also should be reappointed as not doing so will be highly illegal,

arbitrary and bad in law and further for a direction to the

respondents to reappoint the petitioners in service as they have

served for more than 10 years without any complaint of any kind

from any quarter regarding their efficiency or physical ability and

in the facts and circumstances of this case and also in equity with

all consequential benefits or for any other order or orders which

this Hon'ble Court may deem fit and proper under the

circumstances of the case."

3. At the very outset, a preliminary objection has

been raised on behalf of the respondents with regard to delay

and laches on the part of the petitioners in approaching this

Court.

4. It appears that the petitioners along with some

other constables of Bihar Police were dismissed from the service

in the year 2003 on the orders of the Police Headquarters on the

ground that their appointment was not made in accordance with

the provisions contained in Police Manual Rules 661 and 663 and

Apendix-72 and Police Order No.202/88. The present writ

petition has been filed in the year 2016 after lapse of about

thirteen years.

Patna High Court CWJC No.6570 of 2016 dt.16-08-2021

5. Learned counsel for the petitioners has sought to

explain the delay, submitting that the matter was alive in the

concerned department and litigation was going on by other

similarly situated persons. The petitioners had also filed a

representation before the Director General of Police, Bihar, Patna,

on 24.07.2012 (Annexure-7) which has yet to be disposed of and

the petitioners have not been granted relief.

6. Learned counsel for the petitioners has also relied

on judgments passed in the case of other similarly situated

persons (Annexure- 9 series) namely, C.W.J.C. No.5192 of 2003

(Digambar Kumar Choudhary vs. The State of Bihar & Ors.),

C.W.J.C. No.5422 of 2003 (Satyendra Narain @ Satyendra Narain

Singh & Anr. vs. The State of Bihar & Ors.) and C.W.J.C. No.8471 of

2003 (Nag Narain Rai vs. The State of Bihar & Ors.).

7. Having heard learned counsel for the parties, this

Court finds merit in the preliminary objection raised by the

respondents. It is not in dispute that the petitioners were

dismissed from service as far back as in the year 2003. No doubt

the petitioners have filed a representation before the Director

General of Police, Bihar, Patna (Annexure-7) but even that has

been preferred after a lapse of about nine years since dismissal.

The orders passed in the case of similarly situated persons, relied

upon by the petitioners (Annexure-9 series), were all in relation

to the writ petitions filed by them in the year 2003 itself. I am, Patna High Court CWJC No.6570 of 2016 dt.16-08-2021

therefore, of the view that the petitioners have not explained the

inordinate delay in approaching this Court as late in the year

2016 and as such, I am not inclined to interfere in the matter.

8. The writ petition, accordingly, stands dismissed.

(Vikash Jain, J)

pawan/-

AFR/NAFR             N.A.F.R.
CAV DATE             N/A
Uploading Date       17.08.2021
Transmission Date    N/A