Patna High Court
Shailendra Kumar Singh @ ... vs The State Of Bihar on 23 March, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7884 of 2020
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Shailendra Kumar Singh @ Shailendra Kumar, Gender-Male, aged about 39
years, S/o Late Ashok Kumar Singh, Resident of Village and P.O.-Arak
Parijan Tola, P.S.-Krishna Brij, District-Buxar.
... ... 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 General of Police, (Personnel), Bihar, Patna.
7. The Superintendent of Police, District-Gopalganj.
8. The Superintendent of Police District-Arwal
9. The Police Inspector-Cum-Conducting Officer, OSD, District-Gopalganj.
... ... Respondents
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Appearance :
For the Petitioner : Mr. Y.V. Giri, Sr. Advocate
Mr. Sanjay Kumar Giri, Advocate
For the Respondents : Mr. Ruchikar Jha, AC to SC 8
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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. Ruchikar Jha, learned
Assistant Counsel to Standing Counsel No. 8 appearing on
behalf of the State.
Petitioner is aggrieved by the order of dismissal
Patna High Court CWJC No.7884 of 2020 dt.23-03-2021
contained in Memo No. 932 dated 10.06.2020 (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. Ruchikar Jha, learned Assistant Counsel to
Standing Counsel No.8 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.7884 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.
