IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15846 of 2005 BASHISHTHA RAI SON OF LATE RAM NARAYAN SINGH RESIDENT OF VILLAGE DHANESH CHAPRA, P.S. HAFIZPUR, DISTRICT SARAN (CHAPRA), PRESENTLY POSTED AS ASSISTANT JAILOR, DISTRICT CAMP JAIL, PHULWARI SHARIF, PATNA. Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, DEPARTMENT OF HOME, GOVT. OF BIHAR, PATNA. 3. THE JOINT SECRETARY, HOME (SPECIAL) DEPARTMENT, GOVT. OF BIHAR, PATNA. 4. THE INSPECTOR GENERAL OF PRISONS, BIHAR, PATNA. 5. THE DEPARTMENTAL PROMOTION COMMITTEE THROUGH ITS CHAIRMAN, DEPARTMENT OF PRISONS, BIHAR, PATNA. 6. THE SPECIAL SECRETARY,HOME (SPECIAL) DEPARTMENT, GOVT. OF BIHAR, PATNA. with CWJC No.15918 of 2005 1. YUGESHWAR PRASAD SINGH SON OF LATE SUBAN SINGH RESIDENT OF VILLAGE AND P.O. SARDIHA, P.S. SIMRI BAKHTIYARPUR, DISTRICT SAHARSA, PRESENTLY POSTED AS ASSISTANT JAILOR, SUB JAIL, JAMUI 2. DEO NATH OJHA, SON OF LATE RAM JIWAN OJHA, RESIDENT OF VILLAGE AND P.O. KHAPRA, P.S. SADAR, DISTRICT MUZAFFARPUR PRESENTLY POSTED AS ASSISTANT JAILOR, UNDER TRRANSIT TO BIHAR FROM THE STATE OF JHARKHAND Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, DEPARTMENT OF HOME, GOVT. OF BIHAR, PATNA. 3. THE JOINT SECRETARY, HOME (SPECIAL) DEPARTMENT, GOVT. OF BIHAR, PATNA. 4. THE INSPECTOR GENERAL OF PRISONS, BIHAR, PATNA. 5. THE DEPARTMENTAL PROMOTION COMMITTEE THROUGH ITS CHAIRMAN, DEPARTMENT OF PRISONS, BIHAR, PATNA. - 2 - 6. THE SPECIAL SECRETARY,HOME (SPECIAL) DEPARTMENT, GOVT. OF BIHAR, PATNA. with CWJC No.15932 of 2005 1. JAGAT NARAYAN PASWAN SON OF LATE RAM BALAK PASWAN RESIDENT OF VILLAGE THANABIGHA, P.S. GHOSHI, DISTRICT JEHANABAD PRESENTLY POSTED AS ASSISTANT JAILOR, SUB- JAIL, BAGHA (WEST CHAMPARAN) 2. DEEP NARAYAN MANDAL SOJ OF SHRI RAJPAL MANDAL RESIDENT OF VILLAGE ERAMGARH, P.S. NAUGA KHARIK, DISTRICT BHAGALPUR, PRESENTLY PSTED AS ASSISTANT JAILOR, SUB-JAIL, JHANJHARPUR. 3. SITA RAM MISHRA SON OF LATE KUSHESHWAR MISHARA RESIDENT OF VILLAGE DARHAR, P.S. BAHADURPUR DISTRICT DARBHANGA PRESENTLY POSTED AS ASSISTANT JAILOR, SUB JAIL ROSRA. 4. RAJENDRA PASWAN SON OF LATE RAM BRIKSHA PASWAN RESIDENT OF MOHALLA LODI KATRA (JALLA GALI), P.S. KHAJE KALA DISTRICT PATNA PRESENTLY POSTED AS ASSISTANT JAILOR, CENTRAL JAIL, BHAGALPUR. Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, DEPARTMENT OF HOME, GOVT. OF BIHAR, PATNA. 3. THE JOINT SECRETARY, HOME (SPECIAL) DEPARTMENT, GOVT. OF BIHAR, PATNA. 4. THE INSPECTOR GENERAL OF PRISONS, BIHAR, PATNA. 5. THE DEPARTMENTAL PROMOTION COMMITTEE THROUGH ITS CHAIRMAN, DEPARTMENT OF PRISONS, BIHAR, PATNA. 6. THE SPECIAL SECRETARY,HOME (SPECIAL) DEPARTMENT, GOVT. OF BIHAR, PATNA. with CWJC No.15943 of 2005 ANIL KUMAR SON OF LATE PREM SHANKAR LAL SRIVASTAVA RESIDENT OF MOHALLA MADHO BIHARI LANE, SALEMPUR, P.S. CHAPRA, DISTRICT SARAN (CHAPRA) - 3 - Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, DEPARTMENT OF HOME, GOVT. OF BIHAR, PATNA. 3. THE JOINT SECRETARY, HOME (SPECIAL) DEPARTMENT, GOVT. OF BIHAR, PATNA. 4. THE INSPECTOR GENERAL OF PRISONS, BIHAR, PATNA. 5. THE DEPARTMENTAL PROMOTION COMMITTEE THROUGH ITS CHAIRMAN, DEPARTMENT OF PRISONS, BIHAR, PATNA. 6. THE SPECIAL SECRETARY,HOME (SPECIAL) DEPARTMENT, GOVT. OF BIHAR, PATNA. ----------- For the Petitioners :- M/S. A. Amanullah, M. K. Pathak & A. K. Prasad For the State :- Mr. Rana Bhupendra Narayan Singh, A.C. to S.C. X & Mr. Prakash Kumar, A.C. to S.C. X ------ 2 24/09/2010 Annexure-18 dated 24.10.2005 has been challenged in the present writ application by virtue of which the orders of promotion from the Assistants to Assistant Jailor granted to the petitioner came to be cancelled. Consequential order thereafter has also been passed by the Inspector General, Prison contained in annexure-19. Submission of the learned counsel is that the case of the petitioner is totally covered by the decision which had come to be given in a batch of cases which was the - 4 - case of Rajniti Kumar Singh and others Vs. State of Bihar and others reported in 2006(2) P.L.J.R., 268. Learned counsel for the State does not dispute the fact due to the commonality of the decision and the order impugned. All these four writ applications are allowed in view of the case of Rajniti Kumar Singh (Supra) and Annexures 18 and 19 stand quashed. AMIN/ (Ajay Kumar Tripathi, J.)