UPENDRA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and Mr. P.K. Shahi, learned Advocate General appearing for the State.

(2.) IN the instant writ application the petitioner has prayed for directing the respondent no. 1 to handover the investigation of Pirbahore P.S. Case No. 1205 to the Central Bureau of Investigation. Further prayer has been made to direct the investigating agency to conduct the investigation in a proper way as the same has been done in a perfunctory manner. He has further prayed to remove respondent no. 8, namely, Afzal Amanullah, from the post of Secretary, Department of Home, Government of Bihar, Patna so that investigation of Pirbahore P.S. Case No. 124 of 2005 can be carried out without any external interference. The main case of the petitioner is that the date of birth of respondent no. 7, Dr. Abdul Kasim Siddiqui was 10.6.1947 However, he got his date of birth altered in the school register as 10.6.1946, so that he may become eligible for admission in P.M.C.H., otherwise he would have been under age for admission, being 16 years only. The date of birth was altered in school register pursuant to order of R.D.D.E., Patna, the competent authority. The petitioner states that Dr. Siddiqui at the time of admission in P.M.C.H. has entered his date of birth in medical register as 10.6.1946, in his own pen. Later on, after he entered service, in order to gain an advantage of an extra year, Dr. Siddiqui began to claim his date of birth as 10.6.1947. Dr. Siddiqui with help of high ups got his date of birth recognized as 10.6.47. The petitioner raked up this issue with the Government and demanded action against Dr. Siddiqui and others who helped him in his misdeeds. He alleged that Dr. Siddiqui was shielded by Sri Afzal Amanullah, I.A.S., Home Secretary, Respondent No. 8, and Minister, Sri Shakeel Ahmad Khan.

(3.) WHILE giving the background of the case, the petitioner submits that he was appointed an Assistant Professor, Surgery on 16.12.1977, whereas respondent no. 7 was appointed as an Assistant Professor, in the Department of Surgery, on 13.2.1979. By sheer manipulation, respondent no. 7 secured promotion to the post of Associate Professor, with effect from 9.11.1987, though he was junior to petitioner. The petitioner filed Cr.W.J.C. No. 2905 of 1997 claiming seniority over Dr. Siddiqui which was dismissed. However, in L.P.A. it was ordered that the petitioner be deemed to have been promoted to the post of Associate Professor with effect from 9th of November, 1987. As such the petitioner succeeded in getting the aforesaid relief.