Patna High Court
Amit Kumar Singh @ Amit Kumar vs The State Of Bihar on 6 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7909 of 2020
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Amit Kumar Singh @ Amit Kumar, S/o- Tarkwshwar Singh, Resident of
village - Paraskhan, P.O.- Basdila, P.s.- Jalalpur (Jalalpur Bazar), District-
Saran at Chapra.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Home (Police)
Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Home (Police) Department, Government of
Bihar, Patna.
3. The Director General of Police, Bihar, Patna.
4. The Inspector General of Police, Muzaffarpur Zone, District Muzaffarpur.
5. The Deputy Inspector General of Police, Saran Range, District- Chapra.
6. The Deputy Inspector General of Police (Personnel), Bihar, Patna.
7. The Superintendent of Police, District- Gopalganj.
8. The Superintendent of Police, District- East Champaran, Motihari.
9. The Deputy Superintendent of Police - cum - Conducting Officer (Muffasil),
District- Gopalganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Y.V. Giri Sr. Advocate with
: Mr.Sanjay Kumar Giri
For the Respondent/s : Mr.Nadim Seraj (GP 5)
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL JUDGMENT
Date : 06-01-2021
The petitioner in the present writ application has put to
challenge an order issued vide Memo No. 1065 dated 15.06.2020
whereby the Director General-cum-Inspector General of Police,
Bihar (respondent no. 3) purportedly exercising his revisional
powers under Rule 853 A (a) of the Bihar Police Manual had
imposed punishment of dismissal from service on the petitioner,
Patna High Court CWJC No.7909 of 2020 dt.06-01-2021
who was at the relevant point of time was posted as a Sub
Inspector of Police in Gopalganj Town Police Station.
2. An order passed on the same date, dated 15.06.2020,
in respect of one Ananjay Singh @ Ananjay Kumar Singh has
been set aside by an order passed today in C.W.J.C. No. 7906 of
2020. This matter also relates to the occurrence, which had taken
place on 16.08.2016 in Khajuria village under Gopalganj (Town
Police station) in which 16 persons had died because of
consumption of spurious liquor. Identical allegations were made
against this petitioner in the charge memo dated 07.02.2017 with
the same set of evidence, as was the case in the matter of Ananjay
Kumar Singh (supra). In case of this petitioner also, the Enquiring
Authority recorded in the enquiry report, the finding that the
allegation against the petitioner stood proved. According to the
Enquiring Authority, the defence of the petitioner that while posted
as a Sub Inspector in the police station, was unaware of the
ongoing trade of illicit liquor in a nearby village was not
satisfactory. In the petitioner's case also, the Superintendent of
Police had imposed punishment of two black marks having the
effect of stoppage of one increment with cumulative effect. In
identical situation, the Deputy Inspector General of Police, Saran
had referred the matter to the Police Headquarters with his
Patna High Court CWJC No.7909 of 2020 dt.06-01-2021
recommendation that the punishment imposed on him was not
befitting the gravity of charge levelled against him. It can be easily
discerned that the Director General-cum-Inspector General of
Police has passed stereotype order in the present case also without
discussing the petitioner's reply to the show cause notice, which
was issued to him before passing of the impugned order.
3. In identical circumstance by an order dated
06.01.2021 passed in C.W.J.C. No. 7906 of 2020 (Ananjay Kumar
Singh) this Court has quashed an order passed by the Director
General-cum-Inspector General of Police. Accordingly, the order
under challenge in the present writ application issued vide Memo
No. 1065 dated 15.06.2020 is also quashed. The petitioner is
directed to be reinstated forthwith. All consequences of quashing
of the impugned order shall follow and accordingly the petitioner
is directed to be reinstated forthwith. It is held that he shall be
entitled to the full salary and other emoluments for the period
during which he remained out of service because of the illegal
order passed by the Director General-cum-Inspector General of
Police.
4. For the same reasons discussed in the order dated
06.01.2021 passed in Ananjay Kumar Singh (supra), this
application is allowed. Reasons assigned in the said order for
Patna High Court CWJC No.7909 of 2020 dt.06-01-2021
interfering with the impugned order shall form part of the present
order.
5. All orders consequential to the impugned order dated
15.06.2020 stand quashed.
6. This application is allowed.
7. There shall be no orders as to costs.
(Chakradhari Sharan Singh, J)
AKASH/-
AFR/NAFR
CAV DATE 06.01.2021
Uploading Date
Transmission Date
