IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5713 of 2009 MITHILESH PRASAD YADAV SON OF KAPILDEO PRASAD YADAV, RESIDENT OF VILLAGE- SHANKARPUR, P.S.- MUFFASIL, DISTRICT- MUNGER. . . . . . PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA 3. THE INSPECTOR GENERAL OF POLICE, BIHAR, PATNA 4. THE DEPUTY INSPECTOR GENERAL OF POLICE, WEST CHAMPARAN AT BETTIAH 5. THE SUPERINTENDENT OF POLICE, WEST CHAMPARAN AT BETTIAH. . . . RESPONDENTS. ----------- 3/ 07.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner, who was appointed as Special Auxiliary Police (SAP) in the District of Bettiah on contract basis, has filed this writ application against the order bearing Memo no. 323 dated 07.02.2009 (Annexure-5) whereunder his contract for such appointment has been cancelled by the Superintendent of Police on the ground that petitioner having suffered accident from the official Jeep while taking prisoner from the premise of the police station to the Civil Court remained absent from 03.09.2007 till the passing of the order dated 07.02.2009. 3. It is submitted on behalf of the petitioner that he remained under treatment from the date of accident till passing of the order and such fact can be verified from the prescription, X-ray report and other documents. It is submitted on behalf of the petitioner that had he been noticed before termination of the contract he would have satisfied the authority about the factum of treatment. 4. In the light of the submission of the petitioner it is deemed expedient to direct the petitioner to represent before the Deputy Inspector General of Police, Champaran Range, who should - 2 - consider the submission of the petitioner and if it is true that petitioner remained under treatment for the period between 03.09.2007 till passing of the order dated 07.02.2009, then appropriate orders cancelling the order dated 07.02.2009 be passed by the Deputy Inspector General of Police in accordance with law, as early as possible, in any case within one month from the date of receipt of the representation. Such order has been passed taking into account the submission that petitioner suffered Jeep accident while on duty and he would have satisfied the Superintendent of Police about the factum of treatment during the said period. 5. This writ application is, accordingly, disposed of. Uday/ (V. N. Sinha, J.)