IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2198 of 2004 MEENA KUMARI WIFE OF LATE DUDHESHWAR PANDEY RESIDNET OF VILLAGE BAGHAKOL TETARIA, P.S. ARRAH MUFASSIL, DISTRICT BHOJPUR. Versus 1. THE STATE OF BIHAR THROUGH THE DIRECTOR GENERAL-CUM-INSPECTOR GENERAL OF POLICE, BIHAR, PATNA. 2. THE DEPUTY INSPECTOR GENERAL OF POLICE, PATNA CENTRAL RANGE, PATNA. 3. THE SENIOR SUPERINTENDENT OF POLICE, PATNA. ----------- 4 06/07/2010 Shorn of all other details, the basic fact is that the husband of the petitioner came to be appointed on the post of constable under special circumstance by the then Director General-cum-Inspector General of Police, Government of Bihar, Patna. Appointment made in such special circumstance became controversial. Matter was re-examined by the government and large number of persons thereafter came to be dismissed from service for the reasons that the procedure prescribed both under the Police Act as well as Police Manual was not followed. It is already settled law that the Director General of Police has no extraordinary power vested in him to make appointments either under the Police Act or the Police Manual. That may be borne out from the decision of this - 2 - Court in the case of Sudhir Kumar Vs. State of Bihar and others reported in 2000(3) PLJR, 717 where it has been categorically held that the Director General of Police has no power to make appointment of constable because when a power is vested in a particular authority then that authority alone has to exercise that power. No other authority, however high he may be, can usurp the jurisdiction or exercise that power merely by virtue of holding a post. The issue being well settled and in absence of any pleading to show that the appointment of the petitioner’s husband was made after following the procedure laid down under the rules and law, the respondents have done no wrong in terminating his services along with other similarly situated persons. No amount of hardship or otherwise can justify an illegal appointment when specially it has been made in breach of all settled principles and procedure by a person who misused his position and power while being at the helms of affair at the relevant time. This writ application is, thus, dismissed. AMIN (Ajay Kumar Tripathi, J.) - 3 -