SUDHIR KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to pay to the petitioner ex -gratia compensation and employment to a Class - IV post in the State Government.

(2.) IT is the stand of the petitioner that his father Birendra Kumar Sinha was a porter at Koilwar Flag Station. According to the petitioner he was killed in extremist violence at the place of his work and thus entitled for ex -gratia amount as also employment to a Class IV post in the State Government. According to the petitioner his father was killed by the extremist on 24.3.2001 and the memo given by the Station Master, Ara led to the registration of G.R.P.S. Case No. 43 of 2001. It is relevant here to state that in the first information report the officer - in -charge of the Government Railway Police Station has referred to the information given by the Station Master, Ara that petitioner's father was killed in the office. However, in the first information report it has been clearly stated that in the office, where the dead body was found, there was no stain of blood and according to the informant deceased was killed somewhere else and brought there.

(3.) MR . Anup Kumar appearing on be - half of the petitioner submits that petitioner's father in fact died in extremist violence and the stand taken by the respondents in the counter affidavit is not fit to be accepted. Mr. S.J. Rahman, Government Pleader No. VII however appearing on behalf of the respondents submits that during the course of investigation it has not been found that the petitioner's father died in the extremist violence and as such the petitioner is not entitled for any relief claimed in the present application.