Patna High Court
Ravi Shankar Kumar vs The State Of Bihar on 22 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8729 of 2020
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Ravi Shankar Kumar Son of Uma Shankar Singh Resident of- Ward No. 13,
Hetla Tol, Barat, P.S.- Sitamarhi, District- Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Home Department,
Government of Bihar, Patna.
2. The Director General of Police cum Inspector General of Police, Patna.
3. The Inspector General of Police, Government of Bihar, Patna.
4. The Director General of Police, Munger Division, Munger.
5. The Superintendent of Police, Begusarai.
6. The Deputy Superintendent of Police (HQ)-cum- Enquiry Officer,
Begusarai.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Mohit Shriwastava
For the Respondent/s : Mr.Lalit Kishore (Ag)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 22-11-2021
In the instant petition, petitioner has prayed for following
relief/reliefs:
"i) For setting aside the Memo of Charge as contained in
Memor No. 283 dated 29-01-2013 issued by the
Superintendent of Police, Begusarai whereby departmental
proceeding was initiated against the petitioner and Enquiry
Officer was appointed but no presenting officer was
appointed, framing of charge and initiation of departmental
proceeding is hit by and in teeth of Rule 17 (14) of the
Disciplinary Rules.
ii) For setting aside the Enquiry Report as contained in
Memor No. 7945 dated 13.11.2014 whereby the Disciplinary
Authority agreeing upon the Feelings of the enquiry officer
dated 30.09.2014 found the charges proved against the
petitioner.
iii) For setting aside the order contained in Memor No.
8963 dated 20.12.2014, issued by the Superintendent of
Patna High Court CWJC No.8729 of 2020 dt.22-11-2021
Police, Begusarai, whereby the petitioner has been dismissed
from service with immediate effect i.e., 20.12.2014 and further
forfeited the salary-allowance for the period from 07.06.2021
to 20.12.2014 on account of no work no pay because of
suspension/ absconding/ judicial custody.
iv) For setting aside the order dated 12.09.2015 as
contained in Memor No. 2305 passed by the Deputy Inspector
General of Police, Munger Range, Munger whereby and
where under appeal of the petitioner has been rejected
affirming the order of dismissal.
v) For setting aside the order dated 08.04.2016 as
contained in memo no. 2112 dated 11.04.2016 passed by the
Director General-cum-Inspector General of Police whereby
and where under Memorial Appeal of the petitioner has been
rejected.
vi) The petitioner further prays that for setting aside the
aforementioned order of dismissal and reinstatement in
service with all consequential benefits as he has not been in
gainful employment after his dismissal from service.
vii) For any other relief for which the petitioner may be
deemed entitled to."
One of the contention in support of petitioner's grievance is
that disciplinary authority has not appointed presenting officer to
present the case before the Enquiring Officer. In other words
Enquiring Officer has played dual role of Enquiring Officer as
well as Presenting Officer. Such a action of the disciplinary
authority is in violation of sub-Rule 5 of Rule 17 of Bihar
Government Servants (Classification, Control & Appeal) Rules,
2005.
At this stage, learned counsel for the petitioner submitted
that there is violation of Rule 17(14) of Bihar Government
Servants (Classification, Control & Appeal) Rules, 2005, in so far
as examination of witnesses by the Enquiring Officer. The present
Patna High Court CWJC No.8729 of 2020 dt.22-11-2021
case is squarely covered by the recent decision reported in Sonu
Kumar Vs. State of Bihar, 2021 SCC online Pat.2225.
In the light of these facts and circumstances, impugned
orders are set aside and petition stands allowed reserving liberty to
the disciplinary authority to proceed from the defective stage and
complete inquiry proceedings within a period of six months from
the date or receipt of this order.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 29.11.2021
Transmission Date NA
