IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4787 of 2007
1. ARJUN RAI, SON OF SRI MUNSHI RAI, RESIDENT OF
VILLAGE MEENAPUR P.S. BALIYA BALON DIST. KATIHAR.
2. HIRA LAL RAI SON OF DAULAT RAI RESIDENT OF VILLAGE
MUKARIYA P.S. AZAMNAGAR DISTRICT KATIHAR.
3. BIRAJ KUMAR RAI, SON OF GAURI SHARAN RAI, RESIDENT
OF VILLAGE CHOUGHARA P.S. BARSOI, DISTRICT KATIHAR.
4. ASWANI KUMAR RAI SON OF SRI JAGADISH RAI, RESIDENT
OF VILLAGE MEENAPUR P.S. BALIYA BALON DISTRICT
KATIHAR.
Versus
1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY
GOVERNMENT OF BIHAR, PATNA.
2. THE SECRETARY HOME (POLICE) DEPARTMENT,
GOVERNMENT OF BIHAR, PATNA.
3. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA.
4. THE DIRECTOR GENERAL CUM COMMANDANT GENERAL
HOME GUARDS, BIHAR, PATNA.
5. D.I.G., HUMAN RIGHTS, BIHAR, PATNA.
6. COMMANDANT BIHAR HOME GUARDS HEAD QUARTERS
PATNA.
7. THE DISTRICT COMMMANDANT HOME GUARDS KATIHAR
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02. 15.10.2011 Heard learned counsel for the petitioners
and the State.
2. Petitioners are the Homeguards. They
have filed this writ petition for a direction to the State
respondents to regularize their services as Constable
on the ground that they also discharged the same
duties which a Constable does. I regret not to accept
such submission for the simple reason that Constables
are appointed in the light of the Indian Police Act and
the Police Manual, whereas Homeguards are
appointed as per the provisions of the Bihar
Homeguards Act and the Rules framed thereunder.
2
The nature of duties entrusted to the Constables and
the Homeguards including the mode of appointment
are also different. In the circumstances, petitioners
cannot be regularized as Constables. They may apply
for appointment as Constable in the Homeguards
category. The writ petition is, accordingly, dismissed.
( V. N. Sinha, J.)
Rajesh/