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2019 Supreme(Pat) 254

A. P. SAHI, RAJEEV RANJAN PRASAD, MOHIT KUMAR SHAH
Kashi Nath Singh son of Late Sheo Prasad Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr.Ramchandra Singh, Advocate Mr. Shankar Kumar, Advocate Ms. Dimpal Kumari, Advocate Mr. Ram Hirday Prasad, Advocate
For the Respondents:Mr. Anjani Kumar, Mr. Shailendra Kumar Singh, Advocate Mr. Suryadeo Yadav

JUDGMENT :

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










































































































































































































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