Kamleshwar Prasad Singh vs The State Of Bihar
2021 Latest Caselaw 79 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.19611 of 2019
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Kamleshwar Prasad Singh S/o Sri Teni Singh Resident of Kasina, P.o.- Gohpur, Garkha, P.s.- Garkha, Distt.- Saran at Chhapra

... ... Petitioner/s Versus

1. The State of Bihar through the Director General of Police, Jawahar Lal Nehru Marg, Rajbanshi Nagar, Patna

2. The Director General of Police, Jawahar Lal Nehru Marg, Rajbanshi Nagar, Patna

3. The Inspector General of Police Muzaffarpur Range, Sutapatti, Pokhraira, Muzaffarpur

4. The Superintendent of Police Muzaffarpur

5. The Secretary Bihar School Examination Board, Sinha Library Road, Patna

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

For the Petitioner/s : Mr. Bipin Bihari Singh For the Respondent/s : Mr. P.K.Verma (Aag3) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL JUDGMENT Date : 07-01-2021 Heard learned counsel for the petitioner and learned

counsel appearing on behalf of the Respondents.

2. The present writ application has been preferred by the

petitioner for quashing Office Order No. 108 of 2018 passed by

Inspector General of Police, Muzaffarpur Range, Muzaffarpur

whereby he was declared as superannuated from service from

31.03.2018 with a direction to make payment of retrial dues to

the petitioner and also treating the aforesaid period as date of

retirement.

3. However, at the outset learned counsel for the Patna High Court CWJC No.19611 of 2019 dt.07-01-2021

respondents raised objection about the maintainability of the

writ application and submitted that the writ is not maintainable

and fit to be dismissed in view of the fact that writ petitioner has

earlier filed C.W.J.C. No. 8983 of 2017 for the same relief i.e.,

for correction of date of birth as 17.03.1960 in place of

17.03.1958 which was dismissed vide order dated 04.12.2018

and which further stood rejected vide order passed in L.P.A. No.

07/2019 (Annexure-7 and 8 to the writ petition).

4. On perusal of Annexures No. 7 and 8 appended to the

writ application, it is evident that for the similar relief, petitioner

has earlier moved before this Hon'ble Court which has attained

finality vide order dated 16.04.2019 passed in L.P.A. No. 7 of

2019.

5. In view of the aforesaid facts and circumstances, this

writ petition is dismissed on the ground of res judicata.

(Prabhat Kumar Singh, J)

Saif/-

AFR/NAFR
Uploading Date         11.01.2021