Patna High Court - Orders
Rakesh Kumar Choudhary & Anr. vs The State Of Bihar & Ors on 14 July, 2014
Author: Chief Justice
Bench: Chief Justice
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1516 of 2013
In
Civil Writ Jurisdiction Case No. 15059 of 2011
======================================================
Lokesh Kumar, S/o Sri Brahmdeo Prasad, R/o Village - Pachira Bazar,
Police Station - Koilwar, District - Bhojpur
.... .... Petitioner
Versus
1. The State Of Bihar
2. Sri Abhayanand, The Director General Of Police, Bihar, Patna
3. Sri Ashok Kumar Sinha, The Chief Secretary, Bihar, Patna
.... .... Contemnors-Opposite Parties
======================================================
with
Miscellaneous Jurisdiction Case No.1517 of 2013
IN
Civil Writ Jurisdiction Case No. 10721 of 2011
======================================================
Prakash Kumar Singh, S/o Vijay Kumar Singh, R/o Village - Sarana,
Police Station - Shahpur, District - Bhojpur
.... .... Petitioner
Versus
1. The State Of Bihar
2. Sri Abhayanand, The Director General Of Police, Bihar, Patna
3. Sri Ashok Kumar Sinha, The Chief Secretary, Bihar, Patna
.... .... Respondent/s
======================================================
with
Miscellaneous Jurisdiction Case No.1542 of 2013
IN
Civil Writ Jurisdiction Case No. 9836 of 2011
======================================================
1. Babloo Thakur, S/o Botal Thakur, R/o Village + P.O. Kulhariya, P.S.
Parwata, District Khagriya.
2. Pankaj Kumar S/o Shri Ram Bilash Pandit, R/o Village + P.O. Kulhariya,
P.S. Parwata, District Khagriya.
.... .... Petitioners
Patna High Court MJC No.1516 of 2013 (4) dt.14-07-2014
2/14
Versus
1. The State Of Bihar Through Ashok Kumar Sinha, Chief Secretary, Govt.
Of Bihar.
2. Ashish Ranjan Sinha, Director General Of Police, Old Secretariat, Patna.
3. Ravindram Sankaram, Superintendent Of Police, Munger.
.... .... Opposite Parties
======================================================
with
Miscellaneous Jurisdiction Case No.1941 of 2013
IN
LPA 831 of 2009
Arising from
Civil Writ Jurisdiction Case No. 5230 of 2009
======================================================
Kapil Kumar Paswan, S/o Shankar Paswan, Resident Of Village-
Baijalpura, P.O- Jhajha, District- Jamui.
.... .... Petitioner
Versus
1. The State Of Bihar through the Chief Secretary, Government Of Bihar,
Patna, Mr. A.K. Sinha.
2. Director General of Police, Bihar, Patna Mr. Abhayanand.
3. Superintendent Of Police, Munger, Mr. P.Kanar.
.... .... Respondents-Opposite Parties
======================================================
with
Miscellaneous Jurisdiction Case No.1945 of 2013
IN
Civil Writ Jurisdiction Case No. 9799 of 2011
======================================================
Brij Bihari Rai, S/o Ram Nath Rai, R/o Village- Shiv Nagar, P.O-
Bishunpura, Dumariya Via Kayam Nagar, District- Bhojpur.
.... .... Petitioner
Versus
1. The State Of Bihar Through Ashok Kumar Sinha, Chief Secretary, Govt.
Of Bihar.
2. Ashish Ranjan Sinha, Director General of Police, Old Secretariat, Patna.
Patna High Court MJC No.1516 of 2013 (4) dt.14-07-2014
3/14
.... .... Opposite Parties
======================================================
with
Miscellaneous Jurisdiction Case No.2014 of 2013
IN
Civil Writ Jurisdiction Case No. 9828 of 2011
======================================================
Bipul Kumar, S/o Sri Jitendra Singh, Resident Of Village Tilakpur, P.S.
Chanan, District Lakhisarai.
.... .... Petitioner
Versus
1. The State Of Bihar through Ashok Kumar Singh, The Chief Secretary,
Govt. Of Bihar, Patna.
2. Amir Subhani, S/o Not Known to the petitioner, Home Commissioner,
Bihar, Patna.
3. Abhya Nand Singh, S/o Not Known to the petitioner, Director General
Cum Inspector General Of Police, Bihar, Patna.
4. Jitendra Singh Gangwar, S/o Not Known to the petitioner, Deputy
Inspector General of Police, Human Rights, Patna.
5. Nand Kishore Yadav, S/o Not Known to the petitioner, Deputy Inspector
General Of Police, Munger.
6. Amrit Raj, S/o Not Known to the petitioner, Superintendent Of Police,
Patna.
7. Sanjay Kumar Singh, S/o Not Known to the petitioner, Commandant,
B.M.P.-9, Jamalpur, District Munger.
8. Rajesh Kumar, S/o Not Known to the petitioner, Superintendent Of
Police, Munger.
.... .... Contemnors-Opposite Parties
======================================================
with
Miscellaneous Jurisdiction Case No.2015 of 2013
IN
LPA 1214 of 2009
Arising from
Civil Writ Jurisdiction Case No.5230 of 2009
======================================================
1. Pappu Kumar Mandal, S/o Sri Kailash Mandal, Resident Of Village +
Patna High Court MJC No.1516 of 2013 (4) dt.14-07-2014
4/14
P.O. Latipur, P.S. Bihpur, District Bhagalpur.
2. Rajeev Kumar, S/o Sri Hari Lal Choudhary, Resident Of Village + P.O.
Gouripur, P.S. Bihpur, District Bhagalpur.
3. Pranav Kumar, S/o Sri Upendra Choudhary, Resident Of Village + P.O.
Gouripur, P.S. Bihpur, District Bhagalpur.
4. Rajeev Ranjan, S/o Sri Yogendra Narayan Choudhary, Resident Of
Village + P.O. Gouripur, P.S. Bihpur, District Bhagalpur.
.... .... Petitioners
Versus
1. The State Of Bihar through Ashok Kumar Sinha, The Chief Secretary,
Govt. Of Bihar, Patna.
2. Amir Subhani, S/o Not Known to the petitioners, Home Commissioner,
Bihar, Patna.
3. Abhya Nand Singh, S/o Not Known to the petitioners, Director General
Cum Inspector General, Bihar, Patna.
4. Jitendra Singh Gangwar, S/o Not Known to the petitioners, Deputy
Inspector General Of Police, Human Rights, Patna.
5. Suneel Kumar, S/o Not Known to the petitioners, Inspector General,
B.M.P., Patna.
6. Amit Jain, S/o Not Known to the petitioners, Deputy Inspector General
Of Police, Bhagalpur.
7. Amrit Raj, S/o Not Known to the petitioners, Superintendent Of Police,
Patna.
8. Sanjay Kumar Singh, S/o Not Known to the petitioners, Superintendent
Of Police, Bhagalpur.
9. Dheeraj Kumar, S/o Not Known to the petitioners, Superintendent Of
Police, Naugachia.
10. Rajesh Kumar, S/o Not Known to the petitioners, Superintendent Of
Police, Munger.
.... .... Contemnors-Opposite Parties
======================================================
with
Miscellaneous Jurisdiction Case No.2109 of 2013
IN
Civil Writ Jurisdiction Case No. 6144 of 2011
======================================================
Patna High Court MJC No.1516 of 2013 (4) dt.14-07-2014
5/14
Saroj Kumar, Aged about 28 years, Son of Sri Keshwar Ram, Resident of
Village Khesarahiya, P.S.- Koilawar, District- Bhojpur
.... .... Petitioner
Versus
1. The State Of Bihar
2. Sri Ashok Kumar Sinha, The Chief Secretary, Bihar, Patna
3. Sri Abhyanand, The Director General Of Police, Bihar, Patna
.... .... Contemnors-Opposite Parties
======================================================
with
Miscellaneous Jurisdiction Case No.2110 of 2013
IN
Civil Writ Jurisdiction Case No. 6144 of 2011
======================================================
Amit Kumar, Son of Sri Mithilesh Paswan, Resident of Village
Khesarahiya, P.S.- Koilawar, District- Bhojpur
.... .... Petitioner
Versus
1. The State Of Bihar
2. Sri Ashok Kumar Sinha, The Chief Secretary, Bihar, Patna
3. Sri Abhyanand, The Director General Of Police, Bihar, Patna
.... .... Contemnors-Opposite Parties
======================================================
with
Miscellaneous Jurisdiction Case No.2112 of 2013
IN
Civil Writ Jurisdiction Case No. 9799 of 2011
======================================================
Nil Kamal Das, Son of Jamuna Das, Resident of Bhopat Pur, P.S. Koilawar,
District Bhojpur
.... .... Petitioner
Versus
1. The State Of Bihar
2. Sri Ashok Kumar Sinha, The Chief Secretary, Bihar, Patna
3. Sri Abhyanand, The Director General Of Police, Bihar, Patna
.... .... Contemnors-Opposite Parties
======================================================
Patna High Court MJC No.1516 of 2013 (4) dt.14-07-2014
6/14
with
Miscellaneous Jurisdiction Case No.2311 of 2013
IN
Civil Writ Jurisdiction Case No. 9818 of 2011
======================================================
Law Kumar Singh, S/o Sri Bhagwan Singh, Resident of Village- Kundesar,
P.S- Shahpur (Patti), District- Bhojpur.
.... .... Petitioner
Versus
1. The State Of Bihar
2. Mr. Ashok Kumar Sinha, The Chief Secretary, Bihar, Patna.
3. Mr. Abhyanand, The Director General Of Police, Bihar, Patna.
.... .... Contemnors-Opposite Parties
======================================================
with
Miscellaneous Jurisdiction Case No.2403 of 2013
IN
Civil Writ Jurisdiction Case No. 9827 of 2011
======================================================
Bhrigu Nandan Kashyap, Son of Late Triveni Prasad Kashyap, Resident of
Village and P.O.:- Karmadih, P.S.: Shambhuganj, District:- Banka
.... .... Petitioner
Versus
1. The State Of Bihar through Mr. Ashok Kumar Sinha, The Chief
Secretary, Govt. Of Bihar, Patna
2. Mr. Amir Subhani, The Home Commissioner, Govt. Of Bihar, Patna
3. Mr. Abhayanand, The Director General Cum Inspector General of Police,
Govt. Of Bihar, Patna
4. Mr. Vinay Kumar, The D.I.G., Human Rights, Bihar, Patna
5. Mr. A.K. Ambedkar, The Inspector General Of Police, B.M.P., Govt. Of
Bihar, Patna
6. Ms. K.S. Anupama, The Superintendent Of Police, Bhagalpur
7. Mr. Vikas Verman, The Superintendent of Police, Banka
.... .... Contemnors-Opposite Parties
======================================================
with
Miscellaneous Jurisdiction Case No.2404 of 2013
Patna High Court MJC No.1516 of 2013 (4) dt.14-07-2014
7/14
IN
Civil Writ Jurisdiction Case No. 9836 of 2011
======================================================
Ajit Kumar Singh, Son of Shri Ram Pukar Singh, Resident Of Village And
P.O.:- Marukiya, P.S.: Khajauli, District:- Madhubani
.... .... Petitioner
Versus
1. The State Of Bihar through Mr. Ashok Kumar Sinha, The Chief
Secretary, Govt. Of Bihar, Patna
2. Mr. Amir Subhani, The Home Commissioner, Govt. Of Bihar, Patna
3. Mr. Abhayanand, The Director General Cum Inspector General of Police,
Govt. Of Bihar, Patna
4. Mr. Vinay Kumar, The D.I.G., Human Rights, Bihar, Patna
5. Mr. A.K. Ambedkar, The Inspector General Of Police, B.M.P., Govt. Of
Bihar, Patna
6. Ms. Garima Mallick, The Superintendent Of Police, Darbhanga
7. Mr. Ranjeet Kumar Mishra, The Superintendent Of Police, Darbhanga
8. Mr. Sudhir Prasad, The Commandant, B.M.P.- 13, Darbhanga
.... .... Contemnors-Opposite Parties
======================================================
with
Miscellaneous Jurisdiction Case No.5720 of 2013
IN
Civil Writ Jurisdiction Case No. 9832 of 2011
======================================================
1. Rakesh Kumar Choudhary, S/o Anil Kumar Singh, Resident Of Village
And P.O. Dumaria Bujurg, P.S. Parwatta, District Khagaria.
2. Khagesh Kumar, S/o Binod Chandra Mishra, Resident Of Village And
P.O. Dumaria Bujurg, P.S. Parwatta, District Khagaria.
.... .... Petitioners
Versus
1. The State Of Bihar through Mr. Ashok Kumar Sinha, The Chief
Secretary, Govt. Of Bihar, Patna.
2. Mr. Amir Subhani, The Home Commissioner, Govt. Of Bihar, Patna.
3. Mr. Abhayanand, The Director General Cum Inspector General Of
Police, Govt. Of Bihar, Patna.
Patna High Court MJC No.1516 of 2013 (4) dt.14-07-2014
8/14
4. Mr. Vinay Kumar, The D.I.G., Human Rights, Bihar, Patna.
5. Mr. A.K. Ambedkar, The Inspector General Of Police, B.M.P., Govt. Of
Bihar, Patna.
6. Mr. Jaikant, The Superintendent Of Police, Patna.
7. Mr. S.P. Choudhary, The Superintendent Of Police, Vaishali At Hajipur.
8. Mr. Asghar Imam, The Superintendent Of Police, Katihar.
9. Mr. Saurabh Kumar Sahah, The Superintendent Of Police, Madhepura.
10. Mr. K.S. Anupam, The Superintendent Of Police, Bhagalpur.
11. Mr. Navin Chandra Jha, The Superintendent Of Police, Munger.
12. Mr. Dilip Kumar Mishra, The Superintendent Of Police, Saharsa.
13. Mr. Sudhir Kumar Porika, The Superintendent Of Police, Supaul.
14. Mr. Vinay Kumar, The Superintendent Of Police, Motihari.
15. Mr. Mansoor Ahmad, The Commandant, B.M.P.-11, Jamui.
16. Mr. Rajiv Mishra, The Commandant, B.M.P.-21, Saharsa.
17. Mr. S.P. Sinha, The Commandant, B.M.P.-18, Bodh Gaya.
.... .... Contemnors-Opposite Parties
======================================================
with
Miscellaneous Jurisdiction Case No.6301 of 2013
IN
LPA 831 of 2009
Arising from
Civil Writ Jurisdiction Case No.5230 of 2009
======================================================
1. Sanjay Yadav, son of Sri Bihsundeo Yadav, resident of village Katehar,
P.S. Suryagadha, District- Lakhisarai.
2. Om Prakash, son of Jayram Singh, resident of village Salempur
(Talabpar), P.O. & P.S. Suryagadha, District Lakhisarai
3. Satya Narayan Kumar, son of Sri Jai Kishore Yadav, resident of village
Lakhochak, Police Station Chanan (Mananpur), District- Lakhisarai
.... .... Petitioners
Versus
1. The State of Bihar through Sri Ashok Kumar Sinha, Chief Secretary,
Govt. of Bihar, Patna
2. Mr. Amir Subhani, the Home Commissioner, Bihar, Patna
3. Sri Abhyanand, Director General cum Inspector General of Police,
Patna High Court MJC No.1516 of 2013 (4) dt.14-07-2014
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Bihar, Patna
4. Sri S. Ravindran, D.I.G. Human Rights, Bihar, Patna
5. Sri Jitendra Kumar, I.G., BMP, Bihar, Patna
6. Sri Barun Kumar Sinha, S.P. cum Chairman, District Selection Board,
Police Department, Sheikhpura
7. Sri Rajesh Kumar, S.P. cum Chairman, District Selection Board, Police
Department, Nawada
8. Sri R.K. Sinha, S.P. cum Chairman, District Selection Board, Police
Department, Lakhisarai
9. Sri U.P. Singh, S.P. cum Chairman, District Selection Board, Police
Department, Munger
10. Sri Anand Prasad Srivastava, Commandent cum Chairman, BMP-11
Selection Board, Jamui
11. Sri Nagendra Pd. Singh, Commandent cum Chairman, BMP-20
Selection Board, Police Department, Dumraon
.... .... Contemnors-Opposite Parties
======================================================
with
Miscellaneous Jurisdiction Case No.453 of 2014
IN
Civil Writ Jurisdiction Case No. 13847 of 2011
======================================================
Sanjay Kumar, son of Sri Ram Jiwan Prasad, resident of Village & PO-
Khojpura, P.S. Telhara, District- Nalanda
.... .... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Department of
Home, Government of Bihar, Patna
2. Sri Amir Subhani, the Principal Secretary, Department of Home,
Government of Bihar, Patna
3. Sri Jitendra Kumar, the Inspector General of Police, Military Police,
Bihar, Patna
4. The Selection Board (Patna Division), Bihar Military Police through its
Chairman
5. Sri M.R. Nayar, the Chairman, Selection Board (Patna Division), Bihar
Military Police-5, Patna
Patna High Court MJC No.1516 of 2013 (4) dt.14-07-2014
10/14
6. Sri Annum @ P. Kannun, The Commandant, Bihar Military Police,
Patna
7. Sri Manu Maharaj, Superintendent of Police, Patna
8. Sri Saurabh Kumar, Superintendent of Police, Muzaffarpur
9. Sri Nishant Tiwary, Superintendent of Police, Gaya
10. Smt. Anupma C. Nilekar, I.G., Budget
.... .... Respondents-Opposite Parties
======================================================
Appearance :
(In MJC No.1516 of 2013)
For the Petitioner : Mr. Anant Kumar Bhaskar, Advocate
For the Respondents : Mr. P.K. Mishra, GP 22
(In MJC No.1517 of 2013)
For the Petitioner : Mr. Anant Kumar Bhaskar, Advocate
For the Respondent/s : Mr. H.P. Singh, GA-8
(In MJC No.1542 of 2013)
For the Petitioner : Mr. Awadhesh Kr. Singh, Advocate
Mr. Pramod Kumar Singh, Advocate
For the Respondents : Mr. P.N. Sahi, AAG-14
(In MJC No.1941 of 2013)
For the Petitioner : Mr. Bijay Prakash Singh, Advocate
For the Respondents : Mr. Ashok Kr. Keshri, AAG-XI
(In MJC No.1945 of 2013)
For the Petitioner : Mr. Awadhesh Kr. Singh, Advocate
Mr. Pramod Kumar Singh, Advocate
For the Respondents : Mr. Radhika Raman, G.P. 23
(In MJC No.2014 of 2013)
For the Petitioner : M/s. Pramod Kumar, Advocate
Ritesh Kumar, Advocate
For the Respondent/s : Mr. P.N. Sahi, AAG-14
(In MJC No.2015 of 2013)
For the Petitioners : M/s. Pramod Kumar, Advocate
Ritesh Kumar, Advocate
For the Respondent/s : Mr. Ashok Kr. Keshri, AAG-XI
(In MJC No.2109 of 2013)
Patna High Court MJC No.1516 of 2013 (4) dt.14-07-2014
11/14
For the Petitioner : Mr. Anant Kumar Bhaskar, Advocate
Mr. Sanjay Kumar Jha, Advocate
For the Respondents : Mr. D.K. Sinha, AAG-2
(In MJC No.2110 of 2013)
For the Petitioner : Mr. Anant Kumar Bhaskar, Advocate
Mr. Sanjay Kumar Jha, Advocate
For the Respondents : Mr. D.K. Sinha, AAG-2
(In MJC No.2112 of 2013)
For the Petitioner : Mr. Anant Kumar Bhaskar, Advocate
Mr. Sanjay Kumar Jha, Advocate
For the Respondents : Mr. D.K. Sinha, AAG-2
(In MJC No.2311 of 2013)
For the Petitioner : Mr. Anant Kumar Bhaskar, Advocate
Mr. Sanjay Kumar Jha, Advocate
For the Respondents : Mr. P.N. Sahi, AAG-14
(In MJC No.2403 of 2013)
For the Petitioner : M/s. Dr. Kislay, Advocate and
Jyoti Ranjan Jha, Advocate
For the Respondents : Mr. Subhash Pd. Singh (GA7)
(In MJC No.2404 of 2013)
For the Petitioner : M/s. Dr. Kislay, Advocate and
Jyoti Ranjan Jha, Advocate
For the Respondents : Mr. Subhash Pd. Singh (GA7)
(In MJC No.5720 of 2013)
For the Petitioners : Mr. Dr. Kislay, Advocate
For the Respondents : Mr. Subhash Pd. Singh (GA7)
(In MJC No.6301 of 2013)
For the Petitioners : Mr. Sanjeev Kumar Singh, Advocate
For the Respondent s : Mr. Kaushal Kumar Jha (AAG14)
(In MJC No.453 of 2014)
For the Petitioner : Mr. Azhar Kareem, Advocate
For the Respondent s : Mr. Anil Kr Uapdhyay (SC20)
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
And
Patna High Court MJC No.1516 of 2013 (4) dt.14-07-2014
12/14
HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 14-07-2014This group of applications filed under Article 215 of the Constitution read with Section 12 of the Contempt of Courts Act, 1971 arise from the directions issued by a Bench of this Court on 28th June 2011 in a group of writ petitions.
The matter relates to selection and appointment of police Sub-Inspectors in Bihar Police Service. Pursuant to a 2004 selection process commenced under advertisement Nos.1 of 2004, 2 of 2004 and 3 of 2004 published by the State of Bihar, some 10474 vacancies in the cadre of police Sub- Inspectors were advertised, selection process was undertaken and appointments were also made. In course of time, several writ petitions had been filed in respect of the said recruitment process and were disposed of. The petitioners in the above mentioned group of writ petitions are those candidates who could not succeed at the selection process. The said writ petitioners approached this Court as late as in 2011.
According to the writ petitioners, the State Government had failed to advertise all vacancies available in 2004 and that such vacancies were advertised in 2009 under public notice no.2 of 2009.
Considering the grievance made by the writ petitioners, the Bench directed the Director General of Police "to ascertain actual number of vacancies available on the date of publication of advertisements of the year 2004 and also prepare a fresh merit list of the candidates who were Patna High Court MJC No.1516 of 2013 (4) dt.14-07-2014 13/14 declared eligible after the regular recruitment process and the same shall be considered in accordance with Rules. The entire process shall be completed within a period of six months from the receipt of copy of this order."
It is now the grievance of the petitioners that the respondents have failed to carry out the above directions. In answer to the notice, a show cause has been filed by one Pramod Kumar Thakur, Director General of Police, Bihar. He has made categorical statement that at the relevant time 10474 vacancies were available and were advertised under public notice nos.1 of 2004, 2 of 2004 and 3 of 2004.
It is further submitted that several selected candidates did not join the duty or after joining they left the service. All such vacancies were advertised in the next selection process commenced in 2009.
Learned advocates appearing for the petitioners have made a grievance that more than 900 posts which remained vacant in 2004 selection process should have been offered to the writ petitioners or to the candidates empanelled in 2004 selection process.
We see no substance in these Petitions. Once it is asserted that all available vacancies, 10474 in number, were advertised in 2004, the question of compliance with the aforesaid direction issued on 28th June 2011 does not arise. The said directions can not be read to offer the unfilled vacancies to the present writ petitioners or the candidates empanelled in 2004 selection process.
It is the settled policy of the State of Bihar to carry such unfilled vacancies to the next selection process. The said Patna High Court MJC No.1516 of 2013 (4) dt.14-07-2014 14/14 policy has been noticed by the Division Bench of this Court in the matter of Manish Kumar Sahil (2008 (4) P.L.J.R. 93) and is followed in the matter of Subodh Kumar (2012 (2) P.L.J.R.
647).
We do not agree with the petitioners that the respondents, particularly the Director General of Police, Bihar, have failed to carry out the direction issued by this Court or have deliberately disobeyed the said directions.
No case of contempt of the Court is made out. M.J.Cs. are summarily rejected.
(R.M. Doshit, CJ) (Ashwani Kumar Singh, J) K.C.jha/-
U