Sanjeet Kumar vs. Rahul Kumar Chaudhary

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 10242 of 2018 (@ Special Leave to Appeal (C) No(s). 20568/2018)

SANJEET KUMAR Appellant(s)

17:28:06 IST Reason:

VERSUS

STATE OF BIHAR & ORS. Respondent(s)

O R D E R

Leave granted.

The appellant is aggrieved by interim order dated 26.06.2018 passed by the learned Single Judge of the High Court of Judicature at Patna in CWJC No. 6565 of 2018.

By the impugned judgment and order, the High Court stated that it will not be deciding the issues on merits at this stage. The apparent reason given was that the entire selection is being monitored by this Court and a schedule has been fixed for conducting the examination and completing the same.

On 13.08.2017, we had issued notice in the matter and it was made clear that there is no restraint for proceedings in the writ petition that is pending in the High Court. We expected the High Court to proceed with the matter. Digitally signed by SANJAY KUMAR Date: 2018.10.11 Signature Not Verified

Unfortunately, when the matter came up before the

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High Court on 11.09.2018, a request was made on behalf of the Bihar Police Subordinate Service Commission that they will be appearing before this Court to participate in the present proceedings.

In view of this submission made, the High Court declined to proceed further in the matter.

The matter has been called out twice today. There is no appearance on behalf of respondent Nos.1 and 2 despite service. The office report is that respondent Nos. 3 and 4 have not been served. However, from the proceedings in the High Court, it is clear that respondent Nos. 3 and 4 are not only aware of the notice having been issued by this Court and pendency of the proceedings but also a statement was made before the High Court that they will appear in this Court in this matter.

Notwithstanding the above, there is no appearance on behalf of respondent Nos. 3 and 4. Accordingly, we deem it that service has been effected on respondent Nos. 3 and 4 but in spite of deemed service, there is no appearance on behalf of respondent Nos. 3 and 4.

That being the position, we have examined the order passed by the High Court on merits and find that there is no justifiable reason for the High Court not to proceed with the matter on merits.

Under the circumstances, we set aside the interim order passed by the High Court on 26.06.2018 and request the High Court to decide the matter on merits.

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The civil appeal stands disposed of with no order as to costs.

…....................J. [MADAN B. LOKUR]

…....................J. [S. ABDUL NAZEER]

…....................J. [DEEPAK GUPTA]

NEW DELHI; OCTOBER 5, 2018.

ITEM NO.51 COURT NO.2 SECTION XVI

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 20568/2018

(Arising out of impugned final judgment and order dated 26-06-2018 in CWJC No. 6565/2018 passed by the High Court Of Judicature At Patna)

SANJEET KUMAR Petitioner(s)

VERSUS

THE STATE OF BIHAR & ORS. Respondent(s) (Application for direction)

Date : 05-10-2018 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE S. ABDUL NAZEER HON'BLE MR. JUSTICE DEEPAK GUPTA

For Petitioner(s) Mr. Gaurav Agrawal, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The civil appeal is disposed of in terms of the signed order.

(MEENAKSHI KOHLI) (KAILASH CHANDER) COURT MASTER ASSISTANT REGISTRAR [Signed order is placed on the file]