Patna High Court
Ranjeet Kumar Singh @ Chunnu SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NANI TAGIA
Holding
The petition is dismissed on the ground of inordinate delay and laches.
Summary
The petitioner, nephew of a retired constable (Respondent No.10), filed a writ petition seeking a declaration that the authorities' inaction on his representations regarding alleged fraud in the constable's 1989 compassionate appointment was illegal, an enquiry into a purportedly forged transfer certificate, and the annulment of the appointment with recovery of salary. He alleged that the transfer certificate dated 17-04-1975 contained a false date of birth and that the appointment was based on a forged document. The petition was filed on 29-06-2020, after the constable had retired on 17-03-2020. The Court observed that the petition was filed with an inordinate delay, amounting to laches, and therefore could not be entertained. Consequently, the writ petition was dismissed. The decision underscores the principle that undue delay can bar equitable relief in public law matters.
Issues considered
- Whether the inordinate delay and laches justify dismissal of the writ petition.
- Whether a court can entertain a writ seeking annulment of an appointment made decades earlier after the officer's retirement.
- Whether the authorities' failure to act on earlier representations obliges the court to intervene.
Subjects
- writ petition
- laches
- delay
- appointment annulment
- forged transfer certificate
- compassionate appointment
- police recruitment
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10386 of 2020
======================================================
Ranjeet Kumar Singh @ Chunnu Singh S/o Late Vinod Kumar Singh, R/o
Village- Baburban, P.O.- Taajpur, P.S.- Baruraj, District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Home,
Govt. of Bihar, Old Secretariat, Patna.
2. The Director General of Police, Bihar, Old Secretariat, Patna.
3. The A.D.G. of Police, Vigilance Investigation Bureau, Patna.
4. The Inspector General of Police, Muzaffarpur.
5. The Senior Superintendent of Police, Muzaffarpur.
6. The Senior Superintendent of Police, Patna.
7. The District Education Officer, Muzaffarpur.
8. The District Education Officer, Samastipur.
9. The Accountant General, Bihar, Veer Chand Patel Path, Patna.
10. Mr. Tribhuvan Narayan Singh @ Tuntun Singh S/o Late Tulsi Singh R/o
Village- Baburban, P.O.- Taajpur, P.S.- Baruraj, Dist- Muzaffarpur, Presently
posted as Havaldar in the Office of Inspector General of Police,
Muzaffarpur.
11. The Head Master, Bhagwat High School, Birhima Bazar, Baruraj Police
Station, Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner : Mr. Purushottam Kumar Jha, Advocate
For the State : Mr. Seho Shankar Prasad, SC-8
For Accountant General : Mr. Arun Kumar Arun, Advocate
For Vigilance : Mr. Rana Vikram Singh, Law Officer
======================================================
CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
ORAL JUDGMENT
Date : 08-04-2026
Heard Mr. Purushottam Kumar Jha, learned Advocate for
the petitioner and Mr. Sheo Shankar Prasad, SC-8 for the State.
2. This writ petition has been filed with the following
Patna High Court CWJC No.10386 of 2020 dt.08-04-2026
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prayers :
(i) To hold and declare that the action of the
Respondents concerned in not taking final decision
in connection with the representation of the
petitioner filed on 28.12.2019 (Annexure - 1),
representations submitted on behalf of the
petitioner dated 28.05.2020 (Annexure-3) &
22.06.2020 (Annexure 5), is highly illegal,
arbitrary, malafide, malicious and unsustainable in
the eye of law and on facts both and is fit to be
deprecated by this Hon'ble Court in strong words.
(ii) For issuance of an order, direction or a writ in
the nature of mandamus commanding the
Respondents concerned to hold an enquiry as to the
correctness of the Transfer Certificate dated
17.04.1975 issued in favour of the Respondent No.
10, wherein the date of birth of the Respondent
No.10 has been shown as 06.07.1960.
AND CONSEQUENT UPON SUCH ENQUIRY AND
UPON FINDING THE TRANSFER CERTIFICATE
(ANNEXURE-2) OF THE RESPONDENT NO. 10 AS
FORGED & FABRICATED
(iii) A writ in the nature of Mandamus may kindly
be issued by this Hon'ble Court, commanding the
Respondents concerned, specially the Respondent
Nos. 2, 3, 5 & 6 to take all necessary steps for
annulling the appointment of the Respondent No.
Patna High Court CWJC No.10386 of 2020 dt.08-04-2026
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10 right from day one of his appointment as
constable in Patna District Police, and in turn, the
concerned Respondents may further be suitably
directed to take all necessary steps for making the
recovery of the amount so paid to the Respondent
No. 10 under the head of Salary and other
allowances, right from very inception of his
appointment, since the Respondent No. 10 has
managed to get himself appointed as a constable in
Patna District Police (Brass No. 1987) on the basis
of a forged & fabricated Transfer Certificate dated
17.04.1975 (Ann – 2).
3. The petitioner is stated to be the nephew of Respondent
No. 10, who has filed this writ petition on 29.06.2020. It appears
from the reliefs sought for by the petitioner as extracted
hereinabove that the petitioner has a grievance with the
appointment of Respondent No. 10 as Constable in Bihar Police
on compassionate ground in the year 1989 on account of death
of petitioner’s father in harness.
4. Prayer No. (i) as extracted hereinabove is with regard
to inaction of the respondent authorities on the representation
submitted by the petitioner on 28.12.2019 (Annexure-1),
28.05.2020 (Annexure-3) and 22.06.2020 (Annexure-5)
regarding the fraud played by the Respondent No. 10 for his
appointment as Constable in Bihar Police on compassionate
Patna High Court CWJC No.10386 of 2020 dt.08-04-2026
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ground in the year 1989. Prayer No. (ii) relates to the direction
to the respondents to hold an enquiry as to the correctness of the
transfer certificate dated 17.04.1975 issued in favour of the
Respondent No. 10, wherein the date of birth of Respondent No.
10 has been shown as 06.07.1960 and finally by prayer No. (iii)
the petitioner is seeking a direction to the respondents to take all
steps for annulling the appointment of the Respondent No. 10 as
Constable in Bihar Police and also to take all necessary steps for
making recovery of the amount received by the Respondent No.
10 while working as Constable in Bihar Police.
5. The Respondent No. 10, who was appointed on
26.07.1989 as Constable in Bihar Police on compassionate
ground on account of death of petitioner’s father in harness, is
stated to have retired on 17.03.2020.
6. The writ petition having been filed on 29.06.2020 after
the retirement of Respondent No. 10 on 17.03.2020 as
Constable in Bihar Police seeking annulment of the appointment
of petitioner as Constable in Bihar Police made as back as on
26.07.1989, I am of the opinion that there has been inordinate
delay in filing this writ petition by the petitioner with the above
prayers and accordingly I am not inclined to entertain this writ
petition and the same shall stand dismissed on the ground of
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delay and laches.
7. The writ petition accordingly stands dismissed.
(Nani Tagia, J)
Narendra/-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 09.04.2026
Transmission Date
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