Patna High Court
Vishwajit Kumar vs The State Of Bihar on 6 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7908 of 2020
======================================================
Vishwajit Kumar S/o Rajendra Prasad, Resident of Village and P.O. - Nanan
Nanand, P.S. - Silao, District- Nalanda.
... ... 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- Saran.
9. The Sergeant Major-cum-Conducting Officer, Police Kendra Gopalganj,
District- Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Y.V. Giri (Sr. Advocate) with
: Mr.Sanjay Kumar Giri
For the Respondent/s : Mr.Manish Kumar (GP 4) with Mr. Ravi Verma
======================================================
CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL JUDGMENT
Date : 06-01-2021
The petitioner has challenged an order dated 12.06.2020
passed by the Director General-cum-Inspector General of Police,
Bihar issued vide Memo No. 1064 dated 15.06.2020 whereby
exercising revisional powers under Rule 853 A (a) of the Bihar
Police Manual, he has imposed punishment of dismissal from
Patna High Court CWJC No.7908 of 2020 dt.06-01-2021
service on the petitioner, who was at the relevant point of time,
was posted in Gopalganj Town police station as a Constable.
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 Constable in the Police Station, was unaware of the ongoing
trade of illicit liquor in a nearby village was not 'digestible' to him.
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.7908 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) (supra) 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. 1064 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.7908 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 order as to costs.
(Chakradhari Sharan Singh, J)
AKASH/-
AFR/NAFR
CAV DATE 06.01.2021
Uploading Date
Transmission Date
