LALAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Senior Superintendent of Police has filed a counter affidavit and with that has annexed two Jdgement 's and Order 's passed by the Division Bench of this court. He has not dealt with any of the averments made in the writ petition. Deputy Superintendent of Police, Headquarters at Nalanda has filed a separate counter affidavit and therein has reiterated the facts as have been stated by the petitioner in his writ petition. From one of .those Jdgement 's of the Division Bench it appears that the Police Order :No. 202 of 1998, as made by the Government, provided that the height would be the most important criteria for selection in cases persons are found otherwise fit. In the said Jdgement : of the Division Bench, the Division Bench has taken note of the fact that in CWJC No. 12842 of 2000 and other batch cases this court, by an Order :dated 12.12.2000, directed the Director General of Police to issue an advertisement in the newspaper inviting objections from the aggrieved candidates and to consider and decide the same. This was done in the background of the fact, as noted by the said Division Bench in the said Jdgement :, that at the time of appointment the Superintendent of Police of the concerned districts and in some cases even the senior police officials Order :ed for re -measurement of the height of the selected candidates in view of the complaints received about bungling regarding height at the time of selection. The Division Bench has also noted that in terms of the said Order :of this court dated 12.12.2000 an advertisement was issued by the Director General of Police on 4.1.2001 giving time to file representation within fifteen days with regard to height and other qualifications.

(2.) THE facts, as have been pleaded in the writ petition and as supported in the counter affidavit of the Deputy Superintendent of Police, Headquarters at Nalanda, show that the petitioner made a representation in 2001 stating that his height is 178.2 cm and not 177 cm as was measured at the time of selection and thereupon the petitioner was asked to appear for re -measurement of his height and thereafter upon re -measuring the height of the petitioner it was found that the assertion of the petitioner is correct and his height is 178.2 cm. In such view of the matter, Deputy Inspector General of Police, Central Area, Patna, wrote a letter to the Director General of Police, Administration, Bihar as far back as in 2001 seeking permission to appoint the petitioner inasmuch as the last candidate who had been appointed had a height of 178 cm. The Director General of Police, Administration, Bihar, Patna kept stoic silence over the matter, but for what reason, has not been attempted to be answered.

(3.) THE Senior Superintendent of Police, Patna forgot to read the Jdgement : of the Division Bench before relying upon the same. The Division Bench, in the said Jdgement :, observed that the representations made pursuant to the advertisement issued by the Director General of Police in terms of the court's Order :dated 12.12.2000 were considered and Order 's were passed. The court proceeded on the basis that all those matters stood resolved. In such background and in the background of the additional fact that subsequent selection process pursuant to a subsequent advertisement has started, the Division Bench observed that it would not be proper to keep matters pertaining to the previous advertisement still alive. The Division Bench in that case was not invited to the fact that despite the said advertisement by the Director General of Police and representation made by the petitioner, followed by the Order :passed in favour of the petitioner upon re -measurement, no action had been taken by the Police administration to implement the said Order :.