High Court of Patna disposed of a writ petition seeking review of a gallantry award recommendation pending before the Investigation Department, permitting petitioners to pursue remedies there without adjudicating merits.
Permission granted to petitioners to pursue remedy before the Authority; no order on merits.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8052 of 2021
======================================================
... ... Petitioners
Versus
... ... Respondents
====================================================== Appearance :
For the Petitioners : Mr. Shashi Bhushan Singh, Adv. For the State : Mr. Saroj Kumar Sharma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
The learned counsel for the petitioners, after some arguments, submits that since the matter regarding the recommendation made in favour of the petitioners for grant of president gallantry award is pending before the Criminal
Patna High Court CWJC No.8052 of 2021(5) dt.01-09-2022 2/2
Investigation Department, as is evident from the communication dated 21-03-2022, they would be pursuing the matter before the Authority.
The State counsel has pointed out that the recommendation in favour of the petitioners was after an inordinate delay of more than 13 years and, therefore, they cannot claim any right.
This Court is not going into the merits of the matter. Without expressing any opinion on the submission of the parties, the application is disposed of with permission to the petitioners to pursue their remedy before the Authority.
(Madhuresh Prasad, J)
shyambihari/-
U
2 issues framed by the court
Whether petitioners pursuing remedy for delayed gallantry award recommendation pending before investigation authority.
Whether petitioners can claim right despite 13-year delay in recommendation.
Arun Kumar
Ram Shashi Kumar Singh
State of Bihar through the Chief Secretary, Government of Bihar, Patna
The Chief Secretary, Government of Bihar, Patna
The Principal Secretary, Home, Government of Bihar, Patna
The Director General of Police, Government of Bihar, Patna
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
