Patna High Court
Vidya Bhushan Singh vs The State Of Bihar And Ors on 17 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17870 of 2017
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Vidya Bhushan Singh S/o Late Janakdeo Singh, resident of Village- Saichani,
P.O.- Chainpur, P.S.- Raghunathpur, District- Siwan.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Director General of Police, Bihar, Patna.
3. The Deputy Inspector General of Police, Champaran Region, Bettiah.
4. The Chairman, Selection Board-cum-DIG, Tirhut Division, Muzaffarpur.
5. The Superintendent of Police, East Champaran, Motihari.
6. The Chairman, Police Selection Board-cum, S.P. East Champaran, Motihari.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Respondent/s : Mr. Sheo Shankar Prasad, SC 8
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 17-12-2021
Heard learned counsel for the parties through virtual
court proceedings.
In the instant petition, petitioner has prayed for the
following relief/reliefs:
"(i) For issuance of an appropriate writ/s, order/s,
direction/s upon the respondents to re-appoint the
petitioner as Constable in Bihar Police, after quashing
order dated 09.08.2011 contained in Memo no.
1391/Conf. Passed by respondent no. 4 whereby and
under the petitioner's case for re-appointment as
Constable has been rejected, even though the Hon'ble
Court directed the respondents to consider the case of
the petitioner but not compare him with the fresher.
(ii) For issuance of an appropriate writ/s, order/s,
direction/s to the respondents for treating the service of
Patna High Court CWJC No.17870 of 2017 dt.17-12-2021
the petitioner on continuity as similarly situated
persons who approached the Hon'ble Court after
being dismissed from service, has been re-inducted in
the service and is continuing.
(iii) For issuance of an appropriate writ/s, order/s,
direction/s to the respondents to give all
consequential benefits to the petitioner after his re-
appointment as Constable.
(iv) To pass such other order or orders as your
lordships may deem fit in the facts and circumstances
of the case."
The petitioner has questioned the validity of the order
dated 09.08.2011 with reference to memo No. 1391 of the 4th
Respondent whereas the present petition is filed in the year 2017
after lapse of nearly six years. There is a delay and laches on the
part of the petitioner in seeking quashing of order dated
09.08.2011. The Apex Court in the case of State of Jammu and
Kashmir V/s. R.K.Zalpuri and others reported in AIR 2016 SC
3006 paragraph-20 has held as under:
"20. Having stated thus, it is useful to refer to a
passage form City and Industrial Development Corporation
V/s.Dosu Aardeshir Bhiwandiwala and others {(2009) 1
SCC 168}, wherein this Court while dwelling upon
jurisdiction under Article 226 of the Constitution, has
expressed thus:-
"The Court while exercising its jurisdiction under
Article 226 is duty-bound to consider whether:
(a) Adjudication of writ petition involves any complex and
disputed question of facts and whether they can be
satisfactorily resolved;
(b) The petition reveals all material facts;
(c) The petitioner has any alternative or effective remedy for
the resolution of the dispute;
(d) Person invoking the jurisdiction is guilty of unexplained
delay and laches;
Patna High Court CWJC No.17870 of 2017 dt.17-12-2021
(e) Ex facie barred by any laws of limitation;
(f) Grant of relief is against public policy or barred by any
valid law; and host of other factors"
In the light of aforesaid decision of the Apex Court and
matter relates to appointment to the post of Constable, hence,
petitioner has not made out a case on the ground of delay and
laches.
Writ petition stands dismissed.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 20.12.2021
Transmission Date NA
