A. P. SAHI, RAJEEV RANJAN PRASAD, MOHIT KUMAR SHAH
Kashi Nath Singh son of Late Sheo Prasad Singh – Appellant
Versus
State of Bihar – Respondent
AMRESHWAR PRATAP SAHI, J.
1. I have had the benefit of going through the scholarly judgments of my esteemed colleagues Hon’ble Mr. Justice Rajeev Ranjan Prasad and Hon’ble Mr. Justice Mohit Kumar Shah and I find myself in full agreement with the same. However, I would like to add a few words to support the conclusions already drawn in order to understand the status of the Bihar Police Manual as well as scope and extent of the powers of Director General of Police/Inspector General of Police to make appointments.
2. The issue with regard to the power of the Director General of Police/Inspector General of Police to make appointments without issuing any advertisement already stands concluded by the judgment of the Apex Court in the case of State of Bihar & Ors. vs. Chandreswar Pathak reported in (2014) 13 SCC 232. Apart from this, the contention that a higher authority also enjoys the same powers as possessed by a subordinate officer has to be gathered from the provisions under which such authority is being claimed. I have not been able to find any residuary power in the Director or Inspector General of Police or any such authority conferred on him to appoint a Constable in the
State of Bihar & Ors. vs. Chandreswar Pathak reported in (2014) 13 SCC 232
Dhrub Prasad & Ors. vs. The State of Bihar & Ors. reported in 1995(2) PLJR 205
Sukhdev Singh and Ors. vs. Bhagatram Sardar Singh Raghuvanshi and Anr. reported in (1975) 1 SCC 421
St. Johns Teachers Training Institute vs. Regional Director
Kamal Chandra Sah Vs. The State of Bihar and Others reported in 2006 (3)PLJR 468
Sudhir Kumar Vs. The State of Bihar reported in 2000 (3) PLJR 717
State of Bihar & Ors. Vs. Chandreshwar Pathak reported in (2014)13 SCC 232
Hemkant Jha Vs. The State of Bihar &Ors. reported in 2007 (3) PLJR 657
M/S FRICK INDIA LTD. Vs. UNION OF INDIA AND OTHERS reported in AIR 1990 SC 689
Raichurmatham Prbhakar and another Vs. Rawatmal Dugar reported in (2004) 4 SCC 766
Dharwad District PWD Literate Daily Wage Employees Assn. v. State of Karnataka
Secretary, State of Karnataka v. Uma Devi
Excise Supdt. v. K.B.N. Visweshwara Rao (1996) 6 SCC 216 : 1996 SCC (LS) 1420
Arun Tewari v. Zila Mansavi Shikshak Sangh
Binod Kumar Gupta v. Ram Ashray Mahoto
National Fertilizers Ltd. v. Somvir Singh (2006) 5 SCC 493 : 2006 SCC (L&S) 1152 : AIR 2006 SC 2319
Telecom District Manager v. Keshab Deb (2008) 8 SCC 402 : (2008) 2 SCC (L&S) 709
State of Bihar v. Upendra Narayan Singh (2009) 5 SCC 65 : (2009) 1 SCC (L&S) 1019
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