Disposed

Purushottam Kumar Singh and Ors. v. The State Of Bihar and Ors.

Patna HC8 Jul 2014L.P.A/549/2013

Case brief

AI extract

What is this about?

Two judges heard an appeal by non-party Police Sub-Inspectors challenging a 2011 order affecting their seniority. The court held the appeal premature as no real prejudice was established and disposed of the matter without entertaining the appeal.

What did the court decide?

The Letters Patent Appeal and Interlocutory Applications were disposed of without being entertained; the appeal was found to be premature.

Purushottam Kumar Singh and Ors. Vs The State… — Pension and Retirement Benefits | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.549 of 2013 In

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Civil Writ Jurisdiction case No. 5328 of 2011 With Interlocutory Application No. 3195 of 2013 and Interlocutory Application No. 3196 of 2013 In Letters Patent Appeal No.549 of 2013

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Purushottam Kumar Singh S/O Late Shaligram Prasad Singh, residing at Flat No. 4B, Pavitra Apartment, Bazar Samittee Road, Bahadurpur, P.S.Bahadurpur, District- Patna

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Nisar Ahmad S/O Late Md. Ayub, residing at Flat No. 203, Maula Baksh Apartment, Samanpura, Indrapuri, Patna, District- Patna

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Ravindra Ram S/O Late Ram Rati Ram R/O Village + P.O.+P.S.- Thawe, District- Gopalganj

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.... .... Appellants

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Versus

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The State of Bihar Through its Secretary-Cum-Home Commissioner (Home), Bihar, Patna

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The Director General of Police, Bihar, Patna

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The Inspector General of Police (Personnel and Administrative Department) Bihar, Patna

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The Inspector General of Police (Head Quarter and Administrative), Bihar, Patna

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The Deputy Inspector General Of Police (Personnel and Administrative Department), Bihar, Patna …. ( Respondents in main Writ Petition)

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Respondents 1^st set

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Shambhu Sharan Prasad Singh S/O Late Ram Chandra Prasad Singh R/O Raghunath Path, Bailey Road, Patna, P.S.- Danapur, District- Patna

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Badri Prasad Sinha S/O Late Yogendra Prasad Singh Resident And Vill. Of Gauri Gawan, P.S.- Mananpur Morsan, District- Sitamarhi

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.... .... (Petitioners in main Writ Petition)-Respondents 2^nd set

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====================================================== Appearance : For the Appellant/s : Mr. Y V Giri, Sr. Advocate Mr. Arun Kumar, Advocate For the Respondent/s : Mr. Sanjeev Kumar, Advocate

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Mr. Prabhat Kumar, SC 12

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Patna High Court LPA No.549 of 2013 (5) dt.08-07-2014

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2/2

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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

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(Per: HONOURABLE THE CHIEF JUSTICE)

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5 08-07-2014

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This Appeal has been preferred by the non-parties Police Sub-Inspectors against the order dated 28^th July 2011 made by the learned Single Judge in CWJC No. 5328 of 2011.

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The appellants have filed Interlocutory Application No. 3196 of 2013 for leave to appeal.

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The appellants claim to be the direct recruit Police Sub-Inspectors appointed in 1984 in the Bihar Police Service. The appellants apprehend that their seniority vis-à-vis other SubInspectors would be adversely affected if the impugned order dated 28^th July 2011 is given effect to.

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Evidently, the Appeal has been preferred under an apprehension. No real prejudice has yet been caused to the appellants. In absence of real prejudice suffered by the appellants, the Appeal is premature. We need not entertain the Appeal at this stage.

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Appeal and Interlocutory Applications are accordingly disposed of.

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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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Purushottam Kumar Singh and Ors. v. The State Of Bihar and Ors.

Case brief

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Purushottam Kumar Singh and Ors. v. The State Of Bihar and Ors.

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