IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1775 of 2003 MD.FIROZ KHAN, son of Md. Safi Ahmad Khan, Resident of village Chamanbagh, P.S. Pakari Barama, District Nawada … Petitioner Versus 1. THE STATE OF BIHAR 2. The Home Secretary, Bihar, Patna 3. The Director General cum Inspector General of Police of Bihar, Patna 4. The Inspector General (Administration) of Bihar, Patna 5. The Deputy Inspector General of Police, Munger 6. The Superintendent of Police, Khagaria … Respondents. ----------- 8. 23.7.2009 Heard counsel for the petitioner and the counsel for the State. This case is squarely covered by the ratio of the Division Bench judgment in the case of Hemkant Jha & ors. vs. the State of Bihar & ors., reported in 2007(3) PLJR 657, wherein it was held that any appointment made on the post of Constable in violation of statutory provision, Rule 661 of the Bihar Police Manual, must be held to be void ab initio. The said judgment of the Division Bench has also been confirmed by the Apex Court on merits and therefore, there is little option for this Court, sitting singly, to take a different view. Mr. Shyama Prasad Mukherjee, learned Senior counsel for the petitioner, however, would point out to an order dated 2 2nd July, 2008 in L.P.A.No. 221/2008 wherein the view taken by the learned Single Judge allowing the writ application and quashing a similar order of appointment of a Constable on an appeal by the State of Bihar has been dismissed by holding that the appointment made in exceptional circumstances on the ground of bravery over-reaching Rule 661 of the Bihar Police Manual need not be interfered. Unfortunately the said order of the Division Bench dated 2nd July, 2008 in L.P.A.No. 221/2008 does not take notice of the earlier Division Bench judgment of Hemkant Jha’s case (supra) and therefore, the same must be held to be per incurium. That being so, this Court must hold this writ application to be fully covered by the ratio of Hemkant Jha’s case (supra) and consequently, the same must be dismissed. (Mihir Kumar Jha,J.) Surendra/