CIVIL WRIT JURISDICTION CASE No.5455 OF 1993 In the matter of an application under Articles 226 and 227 of the Constitution of India. AMAR NATH SINGH, SON OF LATE BHARAT SINGH, RESIDENT OF VILLAGE JAIDPUR BHARAULI, VIA DAUDPUR, P.S. DAUDPUR, DISTRICT SARAN. --- PETITIONER Versus 1. THE STATE OF BIHAR 2. DISTRICT MAGISTRATE, SARAN AT CHAPRA. 3. SUB-DIVISIONAL OFFICER, CHAPRA SADAR, CHAPRA. 4. SUPERINTENDENT OF POLICE, SARAN AT CHAPRA. 5. OFFICER INCHARGE, DAUDPUR, DISTRICT SARAN AT CHAPRA. 6. AMAR NATH SINGH, SON OF NAME NOT KNOWN, EX-DAFADAR, HALKA NO. 3, P.S. DAUDPUR, RESIDENT OF VILLAGE BHARWALIA, P.S. DAUDPUR, DISTRICT SARAN. --- RESPONDENTS For The Petitioner :PANDIT JEE PANDEY For The Respondent :(SC7) P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN S.A. Khan, J. Heard the parties. Petitioner’s Grand father Gaya Singh was the Dafadar of Manjhi Police Station. After his death Radha Krishan Singh was appointed as Dafadar and he continued to work as a Dafadar during his life time. In the mean time, Daudpur Police Station was formed and after the death of Radha Krishan Singh, the petitioner was appointed as Dafadar in 1972 and it is claimed that he has been working as a Dafadar continuously till 1976. In 1976 a criminal case was instituted which is Manjhi P.S. Case No. 6(8) of 1976 under Sections 353 and 323 of the Indian Penal Code against the petitioner and he was suspended for about three years as per his pleadings. It is submitted on behalf of the 2 petitioner that he got clean acquittal in the case and to support that fact he has annexed the trial register. After his acquittal, sometime in February, 1988, the petitioner claimed that he should be reinstated as a Dafadar however, no order was passed by any authority reinstating the petitioner as Dafadar. That prior to the framing of Rules and regulations with respect to the appointment etc. to the post of Chowkidar and Dafadar, the Superintendent of Police could remove any person from the post of village Chowkidar and Dafadar without drawing any departmental proceeding, as no procedure was laid down for their appointment, rather the post of Dafadar and village Chowkidar was handed over from generation to generation however, now that the Rules have been framed the procedure earlier followed is no longer in vogue. The petitioner could have applied for being appointed as a Dafadar if there was an advertisement and vacancy between the year 1988 till now, however, he cannot claim as a matter of right that he should be reinstated as a Dafadar with the advent of the procedures which have now been defined for appointment of village Choukidars and Dafadars. This writ application is dismissed. Patna High Court, The 20th of April, 2010 N.A.F.R./Sanjay (Sheema Ali Khan, J.)