LAWS(PAT)-2013-6-41

DANIAL KUMAR Vs. STATE OF BIHAR

Decided On June 19, 2013
Danial Kumar Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) This writ petition had been filed by the petitioner challenging order dated 13.7.2009 (Annexure-13), by which the Inspector General of Police (Training), Jharkhand, Ranchi, dismissed the petitioner from his service and also for directing the respondents to reinstate the petitioner in service with back wages and other consequential benefits. Earlier when this writ petition was taken up for final decision by a Bench of this Court on 21.9.2011, learned counsel for respondent-State of Jharkhand and its authorities raised a preliminary objection of lack of territorial jurisdiction of this Court in deciding the matter. Accordingly, this-writ petition was" dismissed for lack of territorial jurisdiction giving liberty to the petitioner to move the concerned or competent High Court after arriving at the following findings:--

(2.) Against the aforesaid order of learned Single Judge, the petitioner filed Letters Patent Appeal No. 1995 of 2011, which was allowed by a Division Bench of this Court after healing the parties vide order dated 19.7.2012 and it was held that the Patna High Court had jurisdiction to entertain and decide the writ petition filed by the appellant in respect of his dismissal from service ordered by the Director General and Inspector General of Police, Jharkhand. The Division Bench set aside the abovementioned order dated 21.9.2011 after arriving at the following finding:--

(3.) The earlier order of the Single Bench of this Court dated 21.9.2011 having been set aside by the Division Bench in the aforesaid letters patent appeal and this writ petition having been remitted for being heard and decided on merits to a Single Judge, the matter was reheard and learned counsel for all the three sets of parties, namely, the petitioner, the State of Jharkhand and its authorities as well as the State of Bihar and its authorities placed their respective arguments.