Mahesh Prasad vs The State Of Bihar
2021 Latest Caselaw 1450 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Letters Patent Appeal No.1236 of 2019
                                          In
                    Civil Writ Jurisdiction Case No.14184 of 2014
     ======================================================

Mahesh Prasad, son of late Sadhu Thakur resident of House No. L/21 Road No.12, Srikrishna Nagar, P.S.- Budha Colony, Town and District- Patna.

... ... Appellant/s Versus

1. The State of Bihar through the Home Secretary, Home (Police) Department, Bihar, Main Secretariat, Patna.

2. Director General of Police, Bihar, Home (Police) Department, Bihar, Main Secretariat, Patna.

3. Additional Director General, Bihar, Home (Police) Department, Bihar, Main Secretariat, Patna.

4. Commandant, Mahila Sashtra Battalion, Sasaram Camp, BMP- 2, Sasaram, Rohtas.

5. Subodh Kumar, Roll No. 194, posted as Water Carrier, Mahila Sashtra Battalion, Sasaram Camp, BMP- 2, Sasaram, Rohtas.

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

For the Appellant/s : Mr. Shivendra Kishore, Sr. Advocate Mr.Saroj Kumar, Advocate For the Respondent/s : Mr.P.K. Verma, AAG 3 Mr. Suman Kumar Jha, AC to AAG 3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 15-03-2021

This appeal is preferred against the order dated

20.08.2019 passed by the learned single Judge in CWJC No.

14184 of 2014, titled as Mahesh Prasad Vs. The State of

Bihar & Ors.

Having heard learned counsel for the appellant, Patna High Court L.P.A No.1236 of 2019 dt.15-03-2021

we do not find any reason to interfere with the impugned

judgment dated 20.08.2019 passed by the learned single Judge

in CWJC No. 14184 of 2014.

The learned Single Judge rightly held the issue of

re-evaluation to have been addressed by the authorities,

pursuant to the direction issued by this Court in the earlier round

of litigation prompted by the petitioner. Before us, the impugned

action could not be exhibited to be arbitrary, illegal, capricious

and whimsical.

We notice that, on record, there is no allegation

of nepotism or favouritism on the selection process of 4th Grade

Employees in Police Service held in the year 2011.

At some stage, the litigant has to be satisfied

with the decision rendered by this Court and cannot pursue the

litigation in perpetuity. On re-evaluation, the petitioner was

found to have scored marks higher than the successful

candidate, namely, Subodh Kumar, who was impleaded as

respondent no. 5.

Further, whether the directions contained in the

earlier round of litigation were complied with or not, the issue

cannot be allowed to be agitated in the Letters Patent Appeal,

more-so when, as apparent from the order, we do not find the Patna High Court L.P.A No.1236 of 2019 dt.15-03-2021

same to have been canvassed before the learned single Judge at

the time of passing of the impugned order.

As such, for all the purposes, present appeal stands

dismissed.

Interlocutory application, if any, shall stand dismissed.

(Sanjay Karol, CJ)

( S. Kumar, J)

Sujit/Amrendra

AFR/NAFR CAV DATE Uploading Date 22.03.2021 Transmission Date