A civil review petition seeking reconsideration of an LPA order dismissing a terminated Lady Constable's reinstatement claims. The court found no error apparent on the record and noted the petitioner's remedy lay in reviewing the original writ, not the LPA.
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 REVIEW No.81 of 2021
In
Letters Patent Appeal No.497 of 2019
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Bishesa Rani Daughter of Sri Sita Ram Sah Resident of Mohallah- Bakaria Tola, Maharajganj, P.S.- Alamganj, District- Patna
... ... Petitioner/s
Versus
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhanendra Chaubey, Advocate For the Opposite Party/s : Mr. Suman Kumar Jha, AC to AAG-3
====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 22-06-2023
Heard learned counsels for the parties.
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authority stated to have noticed that such selection and appointment of Review-petitioner was contrary to material information. Thereafter, proceeded to terminate the service of Review-petitioner on 25.12.2007 and it was a subject-matter of C.W.J.C. No. 10272 of 2010 and it was disposed of in favour of the Review-petitioner on 13.09.2011 while setting aside the order of termination. The Review-petitioner was not taken back to duty resulted in filing MJC No. 45 of 2012. During pendency of MJC No. 45 of 2012, State-Respondent filed supplementary show cause along with documents. One of the document is relating to non-consideration of Review-petitioner's grievance on merit, stating that more merited persons have been selected and appointed. The petitioner is not one of the merited candidate so as to accommodate her. Such a decision was taken by the competent authority on 17.02.2012, resulted in dropping of MJC No. 45 of 2012.
"That this is an application for issuance of an appropriate writ, order or directions to the Respondents to reinstate her on the post of Lady Constable in Bihar Military Police 14 with effect from 20.12.2007 (Forenoon) and regularized her service from that date i.e. from 20.12.2007 on which date her
Patna High Court C. REV. No.81 of 2021 dt.22-06-2023 3/4
service has been cancelled illegally by the Respondents vide Memo No. 2574 (Office Order No. 1174 of 2007) dated 24.12.2007 and further to allow payments of salary with consequential benefits in accordance with Rules and further to pass any other Order to which the Petitioner found entitled."
In other words, Review-petitioner had not questioned the validity of decision of the respondent dated 17.02.2012. Thereafter, I.A. No. 3136 of 2018 was filed. However, at the time of disposal of C.W.J.C. No. 19754 of 2015 counsel who had appeared did not apprise this Court to consider I.A. No. 3136 of 2018 insofar as challenge to the decision of the official respondents.
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stands dismissed.
(P. B. Bajanthri, J)
( Jitendra Kumar, J)
rakhi/-
| AFR/NAFR | N.A. |
|---|---|
| CAV DATE | N.A. |
| Uploading Date | 24.06.2023 |
| Transmission Date | N.A. |
2 issues framed by the court
Does the review petition reveal any error apparent on the face of the record in the LPA order dated 03.02.2021?
Was the petitioner entitled to challenge the 17.02.2012 decision via the review petition despite not raising it in CWJC No. 19754 of 2015?
1 provisions across 1 enactments
Bishesa Rani
The State of Bihar through the Director General of Police, Bihar at Patna
The Director General of Police, Bihar at Patna
The Deputy Inspector General of Police (Admin.) Bihar at Patna
The Deputy Inspector General of Police, Bihar Military Police (Central Division), Patna
The Commandant, Bihar Military Police-14, Patna
P. B. Bajanthri
Jitendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
