IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9880 of 2010 Gopal Pathak son of Late Kesho Pathak, Resident of Flat No. 106 Taluka Apartment, Ram jaipalnagar Bailey Road, P.S. Rupaspur, Dist- Patna. Versus 1. The State Of Bihar through Director General of Police Bihar Patna. 2. Chief Secretary, Govt. of Bihar Patna. 3. Secretary to Govt. of Bihar (Home Department) Bihar Panta. 4. Deputy Director General of police(Head Quarter) Bihar Patna. 5. Senior Superintendent of Police, Patna. 6. Superintendent of Police, Nalanda. 7. Deputy Superintendent of Police(Administration) Bihar Patna. ----------- 2 25.04.2011 Petitioner who was a constable in the Special Auxiliary Police(S.A.P) met an accident on 21.04.2009 while he was coming by jeep in course of night duty. Due to accident his right leg got seriously injured and subsequently the same had to be amputated. Since the petitioner was on duty he filed an application before the Director General of Police, vide Annexure-5 dated 22.06.2009, for payment of compensation, as he had become disabled in course of duty. He also prayed for putting him on light duty. It appears that he had also filed an application separately for putting him on night duty. That application has been rejected vide Annexure-6 dated 22.05.2010, referring to Clause-20 of the Contract of Service, which gives liberty to the respondents to cancel the contract of a constable employed in S.A.P on the ground of ill health, disability or on account of any incurable diseases. However, the claim of the petitioner for payment of compensation has not yet been considered by the respondents. Hence, petitioner filed this writ application on 29.06.2010. Two copies of writ application were served in the office of 2 learned Advocate General before filing the writ application. However, till today no counter affidavit has been filed in this case by the respondents. The Resolution of the Government providing terms of contract for engagement of constables in S.A.P provides for payment of compensation to a constable if he suffers any injury, disability or faces death in course of duty. Petitioner was on duty when he suffered the accident resulting in amputation of his right leg, therefore, a prima facie case is made out by the petitioner for consideration of his case for grant of compensation. This writ application is, therefore, disposed of with a direction to the Director General of Police to consider the claim of the petitioner for payment of compensation as per the law and in the light of the contact of his service and pass orders for the same positively, within a period of one month from the date of receipt/production of a copy of this order. While passing order for payment of compensation to the petitioner the Director General of Police shall also consider as to whether it is possible to engage the petitioner for a light duty under a renewed terms and conditions of the contract as he may deem fit and proper. Prakash ( Jayanandan Singh, J.)