An appeal challenging the appointment of a Village Police officer. The High Court noted the underlying writ court order directed appointment in accordance with law and found no infirmity. The Court dismissed the appeal at this stage.
The instant appeal is dismissed at this stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A No. 604 of 2015
Azazul Haque, S/o Late Rahmul Miyan, R/o Village-Kutmu, PO and PS Barwadih, District-Latehar ... … Appellant
Versus
For the Appellant : Mr. P.P.N. Roy, Sr. Advocate Mr. P.A.N. Roy, Advocate
For the Respondent-State : Mr. Atanu Banerjee, GA
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CORAM: HON’BLE MR. JUSTICE VIRENDER SINGH, CHIEF JUSTICE HON’BLE MR. JUSTICE SHREE CHANDRASHEKHAR
08 / Dated: 5th September, 2016 Per Virender Singh, C.J.
Appellant is the writ petitioner. He threw challenge to the appointment of respondent no. 3 – Vijay Kumar Paswan issued by Deputy Commissioner, Latehar for the post of Village Police (Choukidar) in Barawadih Police Station Beat No. 02/10 Evaji. Since respondent no. 3 died during the pendency of the main lis, the appellant did not press challenge to his appointment and submitted that on the post of Choukidar of the aforesaid Beat, which had fallen vacant on account of death of respondent no. 3, he may be appointed. However, one Rinky Paswan, wife of respondent no. 3 moved I.A. No. 4599 of 2015 for substituting herself in place of respondent no. 3 on the death of her husband and claimed appointment on compassionate ground. Admittedly, the said I.A. is not adjudicated upon by the learned Writ Court and
ultimately, the main writ petition was disposed of observing that appointment to the post of Village Police (Choukidar) in Barawadih Police Station Beat No. 02/10 Evaji shall be undertaken by the respondent-State Authority in accordance with law. In our view, this should have satisfied the appellant.
2. We, thus, finding no infirmity in the impugned order of
the learned Writ Court, dismiss the instant appeal at this stage itself.
(Virender Singh, C.J.)
(Shree Chandrashekhar, J.)
Manish/Amit
1 issue framed by the court
Whether the instant appeal requires adjudication on the merit given the underlying writ court order.
Azazul Haque
State of Jharkhand
Deputy Commissioner, PO and PS Latehar
Virender Singh
Shree Chandrashekhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
