Patna High Court - Orders
Ramesh Prasad Diwakar & Anr vs The State Of Bihar & Ors on 19 September, 2014
Bench: Chief Justice, Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16548 of 2014
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1. Ramesh Prasad Diwakar, son of Sri Gaya Prasaad Diwakar, resident of
village Maner, PS Maner, District Patna, the suspended DCLR,
Headquarter Muzaffarpur
2. Mohan Kumar, son of Late Jago Choudhary, resident of Kagazi
Mohalla, PS Biharsharif, District Nalanda, now suspended from the post
of Sub-Registrar, Govt. of Bihar
.... .... Petitioners
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar
2. The Principal Secretary, Home Department, Govt. of Bihar, Patna
3. The Director General of Police (Home),Bihar, Patna
4. The Joint Secretary, Department of Home (Police), Bihar, Patna
5. The Inspector General of Police (Economic Offence Unit), Bihar, Patna
6. The Deputy Inspector General of Police (Economic Offence Unit),
Bihar, Patna
7. The Superintendent of Police Economic Offence Unit -I & Unit -2,
Bihar, Patna
8. The Deputy Superintendent of Police cum Station House Officer
Economic Offence Unit, Bihar, Patna
.... .... Respondents
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Appearance :
For the Petitioner/s : Mr. Dudh Nath Singh, Advocate
For the Respondent/s : Mr. Lalit Kishore, Sr. Advocate, PAAG
Mr. Vikash Kumar, AC to PAAG
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 19-09-2014The writ petitioners, two Government servants, now Patna High Court CWJC No.16548 of 2014 (2) dt.19-09-2014 2/2 under suspension facing prosecution under the Prevention of Corruption Act, have challenged the constitutional validity of the Government notification issued by the State Government in exercise of power under Section 2(s) Cr.P.C. for establishment of an Economic Offences Police Station with retrospective effect from 15th December 2011.
The learned advocate Mr. Dudhnath Singh has appeared for the petitioners. He has not been able to demonstrate that the impugned notification has been issued in violation of any enactment or of the Constitution of India. The reason for challenge is obvious.
We see no merit in this challenge. Petition is summarily rejected.
(R.M. Doshit, CJ) (Ashwani Kumar Singh, J) mrl U