Patna High Court
Niwai Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The civil review was dismissed as withdrawn upon the petitioners' request.
Summary
The petitioners, two constables, filed a civil review challenging a Patna High Court order dated 08‑08‑2019 that affirmed a pay scale of Rs.3200‑4900. They alleged that the court’s finding was based on conjecture and that it incorrectly treated one petitioner as illiterate despite documentary proof of his literacy. The petitioners sought to set aside the order on these grounds. During the hearing, the petitioners, through counsel Alok Kumar Jha, informed the court that their grievance had been redressed. Consequently, they requested the withdrawal of the petition. The court accepted the withdrawal and dismissed the civil review as withdrawn.
Issues considered
- What is the appropriate remedy when a party claims a court order is based on conjecture and mischaracterisation of facts?
Subjects
- civil review
- pay scale
- constable
- withdrawal of petition
- conjecture
- literacy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL REVIEW No.309 of 2019
In
Civil Writ Jurisdiction Case No.12090 of 2019
======================================================
1. Niwai Kumar Singh Son of Late Jageshwar Singh R/o Village- Ishmela,
Police Station- Dighwara, District- Chapra, at present B.M.P.-5 Family
Quarter, Police Station-Hawai Adda, District- Patna.
2. Pritam Singh Son of Late Kedar Nath Singh resident of Village and Post
Office- Mirjapur Khurd, Police Station- Janta Bazar, District- Chapra
(Saran).
... ... Petitioner/s
Versus
1. The State of Bihar through the Director General of Police, Bihar, Patna.
2. The Director General of Bihar Military Police (B.M.P.), Bihar, Patna.
3. The Additional Director General, Bihar Military Police (B.M.P.), Bihar,
Patna.
4. The Commandant, Bihar Military Police (B.M.P.)- V, Post- B.V. College,
Police Station- Hawai Adda, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Jha, Advocate
For the State : Mr. Prabhat Kumar Verma, AAG-3
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
10 05-02-2026 Heard Mrs. Shweta Priya, learned counsel for the
petitioner and learned APP representing the State.
2. The present petition has been preferred:
“against the order dated 08.08.2019 passed
by the Hon’ble Court in CWJC No. 12090/19 so
far as finding of the Hon’ble Court affirming the
grant of scale of Rs.3200/-4900/- is concerned as
the said opinion/finding is based merely on
conjecture and surmises and was passed keeping
Patna High Court C. REV. No.309 of 2019(10) dt.05-02-2026
2/2
in mind the petitioner as an illiterate constable
though the facts and documents filed by the
petitioner itself proves the petitioner as literate
constable.”
3. On the instruction of Mr. Alok Kumar Jha, Mrs.
Shweta Priya submits that the grievance has been redressed and
as such, the petitioners be allowed to withdraw the petition.
4. Accordingly, the civil review stands dismissed as
withdrawn.
(Rajiv Roy, J)
vinayak/-
U
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