IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16367 of 2009 1. LALAN KUMAR PASWAN S/O SRI RAMDEO PASWAN R/O VILL.- NAYA TOLA, CHANDANPATTI, P.S.- SADAR, DISTT.- DARBHANGA Versus 1. THE STATE OF BIHAR THROUGH THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA 2. THE INSPECTOR GENERAL OF POLICE, HEAD QUARTER, PATNA 3. THE DEPUTY INSPECTOR GENERAL OF POLICE (PERSONNEL), BIHAR, PATNA For the Petitioner : M/S N.K. Agrawal, Sr. Advocate Vijay Anand. For the State : S.C. III ----------- 2. 08.01.2010 Heard learned counsel for the petitioner and the State. The petitioner was recommended for selection as Sub-Inspector of Police. In absence of Police verification being submitted, he came to this Court in CWJC No. 9227 of 2009, which directed the same to be done expeditiously. The sister-in-law of the petitioner died leading to a prosecution under Section 304 B I.P.C. The petitioner and others were acquitted by judgment and order dated 28.2.2002 of the Sessions Court. The advertisement in question for appointment on the post of Sub-Inspector of Police was issued in 2004. It is the specific case of the petitioner in paragraph 19 of his application that he made full disclosure of his having been made an accused and consequent acquittal in the trial. The impugned order dated 9.10.2009 states that notwithstanding the fact that the petitioner had been acquitted in Sessions trial, he had been charge-sheeted and made an accused in the supervision note during investigation. The order is arbitrary per se on the face of it and 2 completely unsustainable in law. The order dated 9.10.2009 is set aside. The respondents are required to act forthwith in pursuance of their having selected the petitioner on the post of Sub-Inspector of Police. The application stands allowed. AKS/ (Navin Sinha, J.)