Murali Yadav vs The State Of Bihar
2021 Latest Caselaw 1654 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA

                      Civil Writ Jurisdiction Case No.7871 of 2020

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Murali Yadav, Gender-Male, aged about 33 years S/o-Baleshwar Yadav, Resident of Village and P.O.-Bhitri Bandh, P.S.-Karamchat, District-Kaimur at Bhabua.

... ... Petitioner Versus

1. The State of Bihar through the Additional Chief Secretary, Home (Police) Department, Government of Bihar, Patna.

2. The Additional Chief Secretary, Home (Police) Department. Government of Bihar, Patna.

3. The Director General of Police, Bihar, Patna.

4. The Inspector General of Police, Muzaffarpur Zone, District-Muzaffarpur.

5. The Deputy Inspector General of Police, Saran Range, District-Chapra.

6. The Deputy Inspector Genial of Police (Personnel), Bihar, Patna.

7. The Superintendent of Police, District-Gopalganj.

8. The Sergeant Major-Cum-Conducting Officer, Police Kendra Gopalganj, District-Gopalganj.

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

For the Petitioner : Mr. Y.V. Giri, Sr. Advocate Mr. Sanjay Kumar Giri, Advocate For the Respondents : Mr. Nadim Seraj, GP 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT

Date : 23-03-2021

Heard Mr. Y.V. Giri learned senior counsel

appearing on behalf of the petitioner and Mr. Nadim Seraj

learned Government Pleader No.5 appearing on behalf of the

State.

Petitioner is aggrieved by the order of dismissal Patna High Court CWJC No.7871 of 2020 dt.23-03-2021

contained in Memo No. 1070 dated 15.06.2020 (Annexure-7).

Mr. Y.V. Giri, learned senior counsel appearing on

behalf of the petitioner submits that in identical fact situation,

dismissal orders of similarly circumstanced other constables and

other police officials were set aside by the coordinate Bench of

this Court. He placed reliance upon judgment dated 06.01.2021

passed in CWJC No. 7906 of 2020 (Ananjay Singh @ Ananjay

Kumar Singh Vs. The State of Bihar & others) and also

judgment dated 04.02.2021 passed in CWJC No. 7864 of 2020

(Mithileshwar Singh Vs. The State of Bihar & others).

Mr. Nadim Seraj, learned Government Pleader

appearing on behalf of the State, would submit that the State has

preferred LPA against the aforesaid judgments but there is no

adjudication of the LPA. So long as the judgment of the

coordinate Bench of this Court is standing, the Court is obliged

to follow the aforesaid judgments of the coordinate Bench of

this Court.

In order to maintain consistency, the present writ

application is allowed in similar terms in the light of the

judgment dated 06.01.2021 passed in CWJC No. 7906 of 2020

(Ananjay Singh @ Ananjay Kumar Singh Vs. The State of Bihar

& others) and also judgment dated 04.02.2021 passed in CWJC Patna High Court CWJC No.7871 of 2020 dt.23-03-2021

No. 7864 of 2020 (Mithileshwar Singh Vs. The State of Bihar &

others).

(Anil Kumar Upadhyay, J)

BT/-

AFR/NAFR                NAFR
CAV DATE                N.A.
Uploading Date          24.03.2021
Transmission Date       N.A.