Jai Prakash Ray @ J. P. Ray vs The Bihar Human Rights Commission & Ors on 5 May, 2016

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Patna High Court - Orders

Jai Prakash Ray @ J. P. Ray vs The Bihar Human Rights Commission & Ors on 5 May, 2016

Bench: Kishore Kumar Mandal

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1932 of 2016
                 ======================================================
                 Jai Prakash Ray @ J. P. Ray
                                                                      .... .... Petitioner/s
                                                   Versus
                 The Bihar Human Rights Commission & Ors
                                                                     .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :    Mr. Rajeev Kumar Singh
                 For the Respondent/s      : Mr. Anshuman Singh- Gp24
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR
                 MANDAL
                 ORAL ORDER

4   05-05-2016

Mr. Rajeev Kumar Singh for the petitioner and Mr. Anshuman Singh, GP-24 for the State, are present.

Although the Bihar Human Rights Commission ((for short 'the Commission') suo motu took up the matter vide File No. BHRC/Comp.2271 of 2010 and passed the order which is impugned in the present writ application, but on going through the order it appears the victim, represented through his father, was present before the Commission. If the order of the Commission is sustained, then the amount of compensation directed thereunder shall go to him. In the fitness of things, the aforesaid aggrieved person should have been made party to the proceeding.

As prayed, let Sajjan Yadav through his natural guardian be impleaded as respondent in the present case.

An interlocutory application bearing I.A. No. 3513 of 2016 has been filed by the petitioner to add the Patna High Court CWJC No.1932 of 2016 (4) dt.05-05-2016 2/3 DIG(Headquarters), Bihar, Patna as well as the Joint Secretary to the Government, Home (Police) Department, Bihar, Patna as party respondents and also to quash the letter dated 21.03.2016 (Annexure-A) issued by the DIG (Headquarters), Bihar, Patna including the letter bearing memo no. 409 dated 16.04.2016 (Annexure-B), passed by the Superintendent of Police, Bhojpura at Ara(respondent no.4).

Having heard both sides, the interlocutory application is allowed. Let the DIG (Headquarters), Bihar, Patna as well as the Joint Secretary to the Government, Home (Police) Department, Bihar, Patna be impleaded as respondent nos. 5 and 6.

The aggrieved party, being the boy, represented through his natural guardian (father), shall be added as respondent no.7.

The counsel for the State shall represent the newly added official respondents.

Let notice of this application be issued to opposite party no.7 to show cause as to why the writ application be not considered and disposed of at the admission stage itself. Notice shall go by both modes on the requisites being filed within a week, non compliance whereof shall entail rejection of the writ petition as against the said respondent.

The petitioner prays for interim relief.

Patna High Court CWJC No.1932 of 2016 (4) dt.05-05-2016

3/3

This Court would observe that the departmental proceeding said to have been initiated against the petitioner shall not be finally concluded until disposal of the writ application and the same shall abide by the order of the Court. As regards recovery of a sum of Rs. 15,000/- is concerned, the same shall remain in abeyance until appearance of respondent no.7.

List after valid service of notice.

(Kishore Kumar Mandal, J) HR/-

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Patna High Court - Orders