Patna High Court
Mukesh Kumar vs The State Of Bihar on 30 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4947 of 2021
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Mukesh Kumar Son of Vishwanath Baitha, Resident of KOHRA, Po-B.T.
KOHRA, P.S.-Parsa, District-Chhapra.
... ... Petitioner/s
Versus
1. The State of Bihar through the Home Secretary, Government of Bihar, Patna.
2. The Principal Secretary, General Administration Department, Government
of Bihar, Vikash Bhawan, Bailey Road Patna.
3. The Director General of Police Bihar, Patna.
4. The Inspector General of Police, Magadh range, Gaya.
5. The Superintendent of Police, Nawada, Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Singh
For the Respondent/s : Mr.Lalit Kishore (Ag)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 30-11-2021
State counsel accepts notice for the respondents.
Petitioner's counsel is hereby directed to furnish copy of the
petition to the State counsel during the course of the day.
In the instant petition, petitioner has prayed for the
following relief/reliefs:
"(i) Issuance of an order, direction or writ in the nature of
Certiorari quashing Memo no. 3176/2020 dated 17.07.2020 by
which the S.P. Nawada, has submitted so called "Enquiry
Report" against the petitioner and others in Nawada district
departmental enquiry (Proceeding) No. 74/19, against one
Dinesh Kumar Singh, ASI, posted at Narhat PS at relevant
time.
(ii) Issuance of an order, direction or writ in the nature of
Certiorari, quashing Memo no. 602/2020 dated 27.07.2020,
issued by the IG (police), Magadh Division, Gaya, by which
Patna High Court CWJC No.4947 of 2021 dt.30-11-2021
the IG(P), Magadh Division, has directed the SP, Nawada, to
issue a show cause against the petitioner and other and within
7 days and thereafter send his opinion alongwith the reply of
the show cause to the undersigned.
(iii) Issuance of an order, direction or writ in the nature of
Certiorari quashing Memo no. 3498/2020 dated 05.08.2020,
by which the petitioner has been asked to submit his show
cause against proposed action in light of the enquiry report so
submitted by the SP Nawada, to the IG(P), Magadh Division.
(iv) Issuance of an order, direction or writ in the nature of
Certiorari quashing Memo No. 5318/2020 dated 14.12.2020,
by which the petitioner has been asked to submit his show
cause against proposed action in the light of the enquiry report
so submitted by the SP Nawada, to the IG(P), Magadh
Division, Gaya.
(v) Issuance of an order, direction or appropriate declaration
that the so called report of the SP NAWADA dated 17.07.2020
is concerned, the same at best is a preliminary report upon
which no departmental action can be taken against anybody.
(vi) Issuance of an order, direction of writ in the nature of
Mandamus directing the respondents to supply the documents
as directed by the petitioner to enable him to file his effective
reply to the so called enquiry report before taking any final
decision in the matter in so far as the petitioner is concerned.
(vii) Any other relief or reliefs as the petitioners may be found
entitled to in the facts and circumstances of the case."
The grievance of the petitioner is premature since the
disciplinary proceedings has not attained finality. At this stage,
learned counsel for the petitioner on instruction submitted that
second show cause notice was issued on 05.08.2020 for which
petitioner had sought for certain documents and it was not
provided by the disciplinary authority. Therefore, the disciplinary
authority is hereby directed to furnish the documents demanded
by the petitioner if they are relevant and during the course of
enquiry if such of those documents were relied, in that event, the
Patna High Court CWJC No.4947 of 2021 dt.30-11-2021
disciplinary authority is hereby directed to furnish the same to the
petitioner.
On receipt of those documents petitioner is hereby directed
to furnish his reply to the second show cause notice read with the
Enquiring Officer's report at the earliest.
The disciplinary authority is hereby directed to not to take
further steps relating to issuance of final order in the disciplinary
proceedings unless the above formalities of furnishing documents
and submission of reply to the 2nd show cause notice is submitted.
Petitioner is directed to file his say on the 2 nd show cause notice
within eight weeks from the date of furnishing of documents.
With the above observation, writ petition stands disposed
off.
All the contentions urged with the present petition is left
over to be urged before the disciplinary authority.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02.12.2021
Transmission Date NA
