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The Chairman Central Selection Board Of ... vs Kamlesh Dikshit Raj & Ors on 19 January, 2015

Author: Sharan Singh

Bench: Sharan Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Letters Patent Appeal No.16 of 2015
                                                    In
                              Civil Writ Jurisdiction Case No. 15487 of 2011
                 ======================================================
                 The Chairman Central Selection Board of Constable
                                                                      .... .... Appellant/s
                                                   Versus
                 Kamlesh Dikshit Raj & Ors
                                                                     .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :   Mr. Sanjay Pandey
                 For the Respondent/s     : Mr. Kumari Amrita, GP 10
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI
                           and
                           HONOURABLE MR. JUSTICE CHAKRADHARI
                           SHARAN SINGH
                 ORAL ORDER
                 (Per: HONOURABLE MR. JUSTICE I. A. ANSARI)

3   19-01-2015

Heard Mr. P.N.Shahi, learned Senior counsel for the appellant, Mr. Ajoy Kumar Chakraborty, learned counsel for the respondent No.1, and Mr. M.K.Upadhyay, learned AC to GP 10, appearing for the respondent Nos. 2 to 4.

I.A.No. 4 of 2015 has been filed by the appellant, under Section 5 of the Limitation Act, seeking condonation of delay of 33 days in preferring the present letters patent appeal against the order, dated 12.08.2014, passed in C.W.J.C.No. 15487 of 2011.

Having considered the reasons assigned in the present petition seeking condonation of delay, in preferring appeal, and having heard the learned counsel for the parties, this Court is satisfied that the appellant was prevented by sufficient causes from Patna High Court LPA No.16 of 2015 (3) dt.19-01-2015 2 preferring the appeal within time.

In view of the above, the delay of 33 days, in preferring the letters patent appeal, is hereby condoned.

I.A.No. 4 of 2015 shall stand disposed of. The appeal is admitted for hearing.

Re: I. A. No. 5 of 2015 With the help of I.A.No. 5 of 2015, the appellant has sought for stay of operation of the impugned order, dated 12.08.2014, passed in C.W.J.C.No.15487 of 2011.

Heard Mr. P.K.Shahi, learned Senior counsel for the appellant.

We notice that in exercise of power under Section 55 read with Section 95 of Bihar Police Act, 2007, the Governor of Bihar has amended Bihar Police Manual, 1978, with immediate effect, by notification No.4/B-1-102/2008-6843/Patna, 15, dated 11.08.2008. Under this notification, a Central Selection Board is required to be constituted by the Director General of Police and the composition thereof has also been prescribed by the notification.

The impugned selection was conducted by the Central Selection Board, which is a statutory body. The said body has not been suspended and/or nullified by the order, dated 12.08.2014, Patna High Court LPA No.16 of 2015 (3) dt.19-01-2015 3 passed in C.W.J.C.No. 15487 of 2011, which is under appeal.

By the order under appeal, a learned single Judge has directed the Director General of Police, Govt. of Bihar, to undertake the exercise of re-evaluation under his supervision. Without superseding, suspending or nullifying the statutory body aforementioned, the impugned direction, given to the Director General of Police, Govt. of Bihar, is prima facie incorrect.

In view of the above and in the interest of justice, we direct that until otherwise ordered, the operation of the order, dated 12.08.2014, passed in C.W.J.C.No. 15487 of 2011, which is under appeal, shall remain stayed.

Considering, however, the nature of the grievances, which have been raised by the petitioners-respondents, and the nature of the reliefs, which have been sought for, we are of the view that the appeal needs to be heard on priority basis inasmuch as the selection process relates to the year 2009.

Situated thus, we direct that this appeal be listed for admission, at 2.15 PM, on 06.02.2015.

It is submitted at the Bar that there are some more letters patent appeals, which have been filed by the present appellants, and the same are pending with the Registry in the process of the reporting.

Registry is hereby directed to examine the said L.P.As and if the L.P.As are in order, the same shall be listed, 28.01.2015, for admission.

Bring the above directions to the notice of the Joint Registrar (List & Computer).

(I. A. Ansari, J) (Chakradhari Sharan Singh, J) A.I./-

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