Dismissed

Sanjiv Kumar @ Sanjeev Kumar v. the State of Bihar and Ors.

Patna HC16 Jun 2014L.P.A/464/2012

Case brief

AI extract

What is this about?

The High Court of Patna dismissed an appeal against the single judge's order dismissing the writ petition. The single judge had upheld the discharge of a police constable from service due to suppression of criminal antecedents, holding his subsequent acquittal irrelevant. The High Court agreed and dismissed the appeal in limine.

What did the court decide?

The Letters Patent Appeal was dismissed in limine.

Sanjiv Kumar @ Sanjeev Kumar Vs the State of… — Pension and Retirement Benefits | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Letters Patent Appeal No.464 of 2012

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Civil Writ Jurisdiction Case No. 17505 of 2011

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====================================================== Sanjiv Kumar @ Sanjeev Kumar Son of Late Udit Ram, Resident of Village Dhandi, P.O. Birwal, P.S. Bagaha Dist.-West Champaran

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.... .... Petitioner- Appellant

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Versus

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1. The State of Bihar Through The Chief Secretary, Government of Bihar, Patna 2. The D.G. Cum I.G. of Police, Patna

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I.G. of Police, Muzaffarpur Zone, Muzaffarpur

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The D.I.G. of Police, Champaran Range, Bettiah

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The S.P. East Champaran (Motihari)

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.... .... Respondents-Respondents ====================================================== Appearance : For the Appellant/s : Mrs. Nirmala Kumari For the Respondent/s : Mr. Tej Bahadur Singh AAG 7 ======================================================

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CORAM: HONOURABLE THE CHIEF JUSTICE

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and

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HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH

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ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

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3 16-06-2014 This Appeal under Clause 10 of the Letters Patent has been preferred by the writ petitioner in CWJC No. 17505 of 2011 against the order dated 21^st November 2011 made by the learned Single Judge.

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The appellant has approached this Court under Article 226 of the Constitution to challenge the order of his discharge from service made on 27^th October 2007 by the Superintendent of

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Patna High Court LPA No.464 of 2012 (3) dt.16-06-2014

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2/2

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Police, East Champaran, Motihari, for suppression of criminal antecedents of the appellant at the time of securing employment.

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It appears that in June 2007 the appellant was selected for the post of Police Constable in Bihar Police Service. On verification of the documents produced by him and the criminal antecedent of the appellant it was learnt that Sessions Trial No. 84 of 2007 for offence punishable under Section 376/511, IPC arising from Bagaha P.S. Case No. 251 of 2004, was pending against the appellant in the court of 1^st Additional Sessions Judge, Bagaha.

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Although the appellant was discharged from service as early as in October 2007, he did not challenge the same until he was acquitted by the trial court on 20^th May 2009 and for two years thereafter. The learned Single Judge has held that in view of his discharge for suppression of criminal antecedent, the appellant’s acquittal by the trial court is of no relevance. The learned Single Judge has dismissed the writ petition. Therefore, this Appeal.

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We are in agreement with the learned Single Judge. No case for interference is made out. Appeal is dismissed in limine.

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(R.M. Doshit, CJ)

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(Ashwani Kumar Singh, J)

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mrl

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U T

Sanjiv Kumar @ Sanjeev Kumar v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Sanjiv Kumar @ Sanjeev Kumar v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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