Advocates:
['Shruti Sinha', '', 'EBRAHIM KABIR', 'SHEO SHANKAR PRASAD -SC']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.126 of 2018

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Rajkishore son of Sri Asharif Yadav, resident of Village- Vajidpur, P.S.

Bahadurpur, District- Darbhanga.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors

2.

The Director General Police, Bihar, Patna.

3.

D.I.G. Military Police Uthari Mandal Muzaffarpur.

4.

The Commandant B.M.P. 13 Darbhanga.

5.

Ali Imam, son of not known working on the post of Cook in B.M.P. 13,

Darbhanga, through Commandant B.M.P. 13, Darbhanga.

6.

Ramnaresh Bhagat, son of not known working on the post of Cook in B.M.P.

13, Darbhanga, through Commandant B.M.P. 13, Darbhanga.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s

:

Mr.Shruti Sinha

For the Respondent/s

:

Mr.Sheo Shankar Prasad -Sc8

======================================================

CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

ORAL JUDGMENT

Date : 29-11-2021

In the instant petition, petitioner has sought for

following relief/reliefs:

“This is an application for issuance of an

appropriate writ order or direction to the respondents to

produce copy of memo no. 129/go dt. 30.12.04 issued by

D.I.G. Military police north zone Muzaffarpur and there after

to quash the same as copy of the same has not been granted to

the petitioner and also the same has been passed without

giving the petitioner to present his stand which is illegal and

further for a direction for quashing memo no. 183/Ra Ka dt.

29.1.15 whereby the petitioners appointment in view of above

order of D.I.G has been declared to have ended automatically

as the same is also illegal i.e. Annexure-6 and for further

direction to the respondents to appoint the petitioner on the

post of cook in B.M.P. 13 Darbhanga with all consequential

benefit and to remove either Ram Naresh Bhagat or Ali Imam

and appoint the petitioner in either’s place or any other order

Patna High Court CWJC No.126 of 2018 dt.29-11-2021

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or orders which this Hon’ble court may deem fit and proper

under the circumstances of this case.”

The petitioner is a candidate for the recruitment to the

post of cook in the Bihar Military Police. He was selected and

appointed on 13.03.2013. Thereafter, it was noticed that the

appointment of the petitioner was not in accordance with law that

is on merit, therefore, the concerned respondent proceeded to

terminate the services of the petitioner on 29.01.2015 without

notice and it is further submitted that award of marks is not in

terms of the procedure laid down. On these two grounds the order

of termination is liable to be set aside.

Per contra, learned counsel for the respondents was

asked to secure original records relating to award of marks. He has

placed on record.

Perusal of necessary documents, it is evident that award

of marks is in the form of A, B, C, D. While appointing the

selected candidates, for the sake of convenience respondents have

identified the grade as 1A , 2A etc.

It is submitted that merely change of grading and its

nomenclature does not vitiate the selection procedure. It is further

submitted that even assuming that if petitioner is provided an

opportunity of hearing before his termination, he is not in a

Patna High Court CWJC No.126 of 2018 dt.29-11-2021

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position to improve the award of grading. Therefore, there is no

infirmity in the order of termination dated 29.01.2015.

Heard learned counsel for the respective parties.

Undisputed facts are that the petitioner is a candidate for

recruitment to the post of cook in the Bihar Military Police so also

respondent Nos. 5 and 6. Inadvertently the petitioner was

appointed on 13.03.2013 ignoring the original records relating to

award of marks. The same was taken note of by the official

respondent. In the result the petitioner’s services was terminated

on 29.01.2015.

Le