AKHILESH KUMAR S/O GAURI SHANKAR SINGH @ GAURI SHANKAR YADAV Vs. STATE OF BIHAR, THE SUPERINTENDENT OF POLICE (B), THE DIRECTOR GENERAL OF POLICE AND THE INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) WRIT petitioner - appellant aggrieved by the order dated 19th November, 2008 passed by the learned Single Judge in CWJC. No. 1763 of 2002, has preferred this appeal under Clause - 10 of the Letters Patent.

(2.) SHORT facts giving rise to the present appeal are that the brother of the writ petitioner - appellant (hereinafter referred to as the petitioner) was killed on 2nd April, 1996. On the death of the petitioner 'sbrother, namely, Anirudh Prasad Yadav, the then Chief Minister of the State had gone to the village and announced his appointment and compensation to the family. Accordingly, by order as contained in memo dated 8th June, 1996, he was appointed temporarily as a Constable. Later on it was found that the petitioner 'sappointment was not in accordance with law and, accordingly, after giving show - cause notice to the petitioner, he was removed from service. Petitioner challenged his removal from service by filing writ application, which has been dismissed by the impugned order. While dismissing the writ application the learned Single Judge has observed as follows: Learned Counsel for the State has sought the attention of this Court to earlier Division Bench judgment of this Court in the case of Hemkant Jha V/s. State of Bihar, 2007 3 PLJR 657, in which a batch of Letters Patent Appeal were decided by a detailed judgment. I was a member to that Division Bench and the said judgment is against the case of the petitioner. The subsequent Division Bench which has been annexed as Annexure - 8 seeks to dismiss the LPA in limine and further it has not been noticed the earlier Division Bench judgment of this Court in the case of Hemkant Jha (supra). In such circumstances, it cannot be treated as a binding precedent.

(3.) MR . Vindhyakeshri Kumar, appears on behalf of the petitioner. State is represented by Standing Counsel - XI.