In a writ petition for the benefit of the 3rd M.A.C.P., the Patna High Court held that the application is infructuous for eight petitioners as they already received the benefit. Disposing of the case regarding the ninth petitioner who was under punishment at retirement, the Court dismissed his claim.
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 JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15947 of 2013
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.... .... Petitioner/s
Versus
.... .... Respondent/s
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Appearance :
For the Petitioner/ : Mr. Kumar Veerendra Narayan For the Respondent/s : Mr. Birju Prasad, GP-13 and Amresh, AC to GP-13
====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
3 05-12-2016 There are nine petitioners, they have jointly and
Patna High Court CWJC No.15947 of 2013 (3) dt.05-12-2016
2/2
individually clamed their M.A.C.P.
During the pendency of this writ application, all the petitioners, except petitioner no. 7, have been given the benefit of 3rd M.A.C.P., in such view of the matter, this writ application is rendered infructuous with regard to those petitioners, except petitioner no.7.
Petitioner no. 7 was under effect of punishment as on 01.01.2009 and remained effective till the date of his retirement, in such circumstances, this Court cannot give direction to give him the benefit of 3rd M.A.C.P.
This Court does not find any merit in the present case with regard to petitioner no. 7 and the same is, accordingly, dismissed.
(Shivaji Pandey, J)
Mahesh/-
U
2 issues framed by the court
Whether all petitioners are entitled to the benefit of the 3rd Minimum Athletics Commission of Patna (M.A.C.P.).
Whether a petitioner under effect of punishment at the time of retirement can claim the 3rd M.A.C.P. benefit.
Rajendra Prasad Singh and others
The State of Bihar
The Inspector General, Prison, Patna
The Superintendent of Jails
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
