IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1763 of 2002 4 19.11.2008 Akhilesh Kumar s/o Gauri Shankar Singh @ Gauri Shankar Yadav, resident of Tarachak, P.S. Danapur, Distt. Patna VERSUS 1. The State of Bihar 2. The Superintendent of Police (B), Special Branch, Bihar, Patna 3. The Director General of Police, Bihar, Patna 4. The Inspector General of Police, Bihar, Patna ------- For the Petitioner : Mr Ajay Kr. Tiwary, Advocate For the State : Mr Pritish Kr. Lal, JC to SC XI -------- Heard learned counsel for the petitioner and learned counsel for the State. The petitioner’s grievance is that he has been wrongly removed from service on the ground that his recruitment was not in accordance with procedure laid down in the police manual . On behalf of the petitioner, reliance has been placed upon a recent Division Bench judgment in LPA No.221 of 2008 passed on 2.7.2008 whereby the Letters Patent Appeal was dismissed in limine and no interference was made with judgment of the single Judge whereby in similar circumstances termination of the concerned constable was set aside by the learned single Judge. Learned counsel for the State has sought the attention of this Court to earlier Division Bench judgment of this Court in the case of Hemkant Jha v. State of Bihar, 2 reported in 2007 (3) PLJR 657, in which a batch of Letters Patent Appeals were decided by a detailed judgment. I was a member to that Division Bench and the said judgment is against the case of petitioner. The subsequent Division Bench which has been annexed as Annexure-8 seeks to dismiss the LPA in limine and further it has not noticed the earlier Division Bench judgment of this Court in the case of Hemkant Jha (supra). In such circumstances, it cannot be treated as a binding precedent. Hence, following the judgment of the Division Bench of this Court in the case of Hemkant Jha (supra), the writ petition is found to be without merit. It is dismissed accordingly. (Shiva Kirti Singh, J.) sk