On a writ petition challenging an order directing the petitioner, medically invalid from CRPF service, to vacate Government quarters, the single-judge bench dismissed the petition exercising discretion not to interfere.
The writ petition stands dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6828 of 2013
====================================================== Binod Kumar @ Vinod Kumar son of Late Kripa Shankar Singh, resident of village Utra, P.O. Bheria, P.S. Nursarai, District- Nalanda. .... .... Petitioner/s Versus 1. The Union Of India through the Secretary Ministry Of Home Affairs, New Delhi 2. Director General, CRPF, New Delhi 3. I.G. Of Police, CRPF, Bihar Sector, Patna 4. D.I.G. Of Police, Group Centre, CRPF, Mokama Ghat, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Hriday Prasad For the Respondent/s : Mr. N.A.Shamsi, ASG Mr. Manoranjan Kumar, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER
2 16-04-2013 The petitioner, being aggrieved by the impugned order dated 11.01.2013 (Annexure-8) issued by the respondent Deputy Inspector General of Police, Group Centre, CRPF, Mokama Ghat, Patna (respondent no.4) directing him to vacate the Government quarters on or before 31.03.2013, has preferred the present writ petition under Article 226 of the Constitution of India, questioning the validity and correctness of the said order.
Admittedly, the petitioner was declared medically invalid for duty in C.R.P.F. by an order dated 15.09.2011 (Annexure-4), and was invalidated out from service w.e.f. 22.10.2011, yet on one ground or the other he has been allowed to remain in Government quarter for more than 17 months. Under the relevant rules, he was required to vacate Government quarter much earlier. The order impugned cannot be legally faulted.
After having heard the parties, and taking into consideration the factual background of this case, as also the reasons disclosed in the impugned order, this Court is not inclined
Patna High Court CWJC No.6828 of 2013 (2) dt.16-04-2013
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to exercise its discretionary jurisdiction to interfere with the impugned order.
The writ petition stands dismissed.
(Birendra Prasad Verma, J)
BTiwary/-
1 issue framed by the court
Whether the Court should exercise its discretionary jurisdiction to interfere with the order directing the petitioner to vacate Government quarters.
1 provisions across 1 enactments
Binod Kumar @ Vinod Kumar
Union of India through the Secretary Ministry of Home Affairs
Director General, CRPF
I.G. Of Police, CRPF, Bihar Sector, Patna
D.I.G. Of Police, Group Centre, CRPF, Mokama Ghat, Patna
Birendra Prasad Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
