Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNALetters Patent Appeal No.124 of 2013 In Civil Writ Jurisdiction Case No. 8484 of 2008 ====================================================== Ajay Kumar S/o Late Ambika Prasad presently working as Commandant, Bihar Home Guard, Patna, R/o South of Income Tax Colony, Near New By Pass Road, Bhuth Nath Road, Kankarbagh Colony, Patna-800026 .... .... Petitioner-Appellant Versus 1. The State of Bihar 2. The Chief Secretary, Bihar, Patna 3. The Commissioner-cum-Secretary, Home (Police), Government of Bihar, Patna 4. The Secretary, Department of Personnel and Administrative Reforms, Bihar, Patna 5. The Deputy Secretary, Home (Police) Department, Government of Bihar, Patna 6. The Director General and Inspector General of Police, Old Secretary, Patna 7. The D.I.G., Head Quarter, Old Secretariat, Patna .... .... Respondents-Respondents ====================================================== Appearance : For the Appellant : Mr. J.P.Shukla, Senior Advocate Mr. Ravindra Kumar Shukla, Advocate For the Respondents : Mrs. Archana Sinha, A.C. to S.C.-12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 3. 1-5-2013 Feeling aggrieved by the order dated 3[rd] October 2012 made by the learned single Judge in C.W.J.C. No. 8484 of 2008, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent. The appellant, a police officer in the Bihar Police Service, approached this Court under Article 226 of the Constitution in above C.W.J.C. No. 8484 of 2008 to challenge the adverse entry made in his service record for the period from 17[th] August 2004 to 31[st] March 2005, communicated to him under Memo No.5218 dated 23[rd] May 2006 and the rejection of his representation on 18[th] December 2006. The petition was contested by the State Government. The learned single Judge has dismissed the writ petition. Therefore, this Appeal. Learned counsel Mr. J.P.Shukla has appeared for the appellant. He has submitted that the appellant had all-throughout outstanding service. The impugned entry was the only adverse entry made at the time when the appellant was on the threshold of being considered for promotion to Indian Police Service cadre post. Mr. Shukla has submitted that the impugned adverse entry was made maliciously by the then Inspector General of Police, Mr. Ashish Ranjan Sinha. The learned single Judge has observed that there was no materials on record to justify expunction of the adverse entry by this Court nor was allegation of malafide made against the then Inspector General of Police, Mr. Ashish Ranjan Sinha. Mr. J.P.Shukla is unable to point out the allegation of malafide made against the above referred Mr. Ashish Ranjan Sinha, the then Inspector General of Police. Nor the said Mr. Ashish Ranjan Sinha, the then Inspector General of Police was impleaded as party-respondent in the writ petition. In absence of impleadment of the person concerned, the allegation of malafide cannot be heard. We see no reason to interfere with the order of the learned single Judge. Appeal is dismissed in limine. (R.M. Doshit, CJ) Pawan/- (Ahsanuddin Amanullah, J)