Patna High Court - Orders
Pashupati Nath Singh vs The State Of Bihar & Ors on 13 May, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.4463 of 1997
Pashupati Nath Singh, son of Sri Rajendra Singh, resident of
Quarter no.5, C.I.D. Colony, P.S. Shastrinagar, Dist. Patna at
present Sub-Inspector of Police, C.I.D., Bihar, Patna.
Versus
1. The State of Bihar.
2. Director General of Police, Bihar, Patna.
3. A.I.G., Welfare, Bihar, Patna.
4. Inspector General of Police, C.I.D., Bihar, Patna.
5. Superintendent of Police (C), Bihar, Patna.
------- Respondents
With
CWJC No.4480 of 1997
Dinesh Singh, son of late Brahmdeo Singh, resident of Village
Matihani, P.S. Matihani, District Begusarai, at present retired
Inspector of Police, Special Branch, Bihar, Patna.
------ Petitioner
Versus
1. The State of Bihar.
2. Director General of Police, Bihar, Patna.
3. I.G., Special Branch, Bihar, Patna.
4. A.I.G. (Personnel), Bihar, Patna.
------- Respondents
With
CWJC No.6905 of 1997
Malti Sinha, Wife of late Raghunath Prasad Sinha, resident of
Quarter No. 306, L.B.S. Nagar, P.S. Shastrinagar, District Patna,
at present retired Sub-Inspector, Special Branch, Bihar, Patna.
-------- Petitioner
Versus
1. The State of Bihar.
2. Director General of Police, Bihar, Patna.
3. A.I.G. (Personal) Bihar, Patna.
---------- Respondents
With
CWJC No.7522 of 1997
Sita Ram Prasad, son of late Bishwanath Prasad, resident of
Village Garahni, P.S. Charpokhari, District Bhojpur, at present
Sub-Inspector of Police, Special Branch at Patna.
--------- Petitioner
Versus
1. The State of Bihar.
2. Director General of Police, Bihar, Patna.
3. Inspector General of Police, Special Branch, Bihar, Patna.
--------- Respondents
-----------
8 13.5.2011Mr. Uma Kant Singh, learned counsel 2 for the petitioner, who had filed this writ application along with Mr. Dhananjay Kumar Dubey, submits that he has got no instruction and Mr. Dubey has also shifted his practice to the Jharkhand High Court.
This Court, however, has by itself gone into the issues raised in all these writ applications, which are one and same, namely, giving seniority to the petitioner for a period they had held the higher post on officiating basis. This aspect of the matter has remained no longer res intigra in view of the judgment of the Apex Court in the case of State of Bihar & Ors. Vs. Kameshwar Prasad Singh & Anr. reported in 2000(3)PLJR SC 81 wherein the Apex Court had held that seniority as per the Bihar Police Manual could be fixed only on the basis of substantive promotion. In fact, the ratio of the judgment of Kameshwar Prasad Singh (supra) has also been followed by this Court in a large number of petitions including in the case of Kula Nand Choudhary Vs. State of Bihar & Ors. reported in 2010 (4) PLJR 683.
All these writ applications in fact had been filed at the point of time when 3 there was a controversy with regard to the counting of the period of officiating promotion vis-à-vis substantive promotion but, now, when the matter has been set at rest by the Apex Court in the case of Kameshwar Prasad Singh (supra), nothing would survive for adjudication in all these four cases.
These writ applications are
accordingly dismissed.
Rsh (Mihir Kumar Jha, J.)