Sujeet Kumar vs The State Of Bihar
2022 Latest Caselaw 2109 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.7059 of 2021
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Sujeet Kumar Son of Shri Vijay Chaudhary Resident of village- Phulwarisharif Utari Sangat, Kumar Toli, Phulwari, P.s.- Phulwarisharif, District- Patna- 801505

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department of Home, Old Secretariat, Bihar, Patna

2. The District General of Police, Bihar, Old Secretariat, Patna

3. The Inspector General of Police, Tirhut range, Muzaffarpur, Bihar

4. The Deputy Inspector General of Police, Saran Division Saran, Chapra, Patna

5. The Superintendent of Police, Saran at Chapra, saran

6. The Presenting Officer, Saran District Department of enquiry no. 49/19 Cum Inspector Masrakh Police Station, District- Chapra

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Girish Chandra Jha, Advocate For the Respondent/s : Md. Nadim Seraj, GP 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 13-04-2022 Heard learned counsel for respective parties.

In the instant petition, petitioner has prayed for the

following reliefs:-

"(i) For issuance of an appropriate writ, order or direction in the nature of CERTIORARI thereby quashing and setting aside the order no. 1375/2019 issued vide memo no. 3123 dated 10.06.2019 by the Superintendent of Police, Saran Chapra whereby and whereunder the petition has been dismissed from service w.e.f. 09.06.2019 pursuant to departmental proceeding concluded against him in which he has Patna High Court CWJC No.7059 of 2021 dt.13-04-2022

been found guilty of all the charges levelled against him.

(ii) For issuance of a writ in the nature of CERTIORARI for quashing and setting aside the order no. 2027/2019 issued vide memo no. 4379/R.K.A. dated 03.08.2019 by the Superintendent of Police, Saran at Chapra whereby the appeal filed by the petitioner before the Deputy Inspector General of Police, Saran Division has been rejected without application of mind. The appellate order has been passed by the Superintendent of Police, Saran and this it is vitiated on this score alone.

(iii) After quashing and setting aside the above mentioned dismissal order, the petitioner may be directed to be reinstated in his service with all consequential relief.

(iv) For issuance of any other appropriate writ/writs, order/orders, direction/directions upon the respondents for which the petitioner would be found entitled to in the present facts and circumstances of the case."

Petitioner was subjected to disciplinary proceeding and

it was concluded in imposition of penalty of dismissal. Petitioner

preferred an appeal and it was dismissed, thereafter, he has

invoked revision petition. Such revision petition is pending

consideration since 12.09.2019 (Annexure-P/9).

Therefore, the revisional authority is hereby directed to

decide the petitioner's revision petition which is pending Patna High Court CWJC No.7059 of 2021 dt.13-04-2022

consideration since 12.09.2019 within a period of four months

from the date of receipt of this order after due consideration of

each of the issue raised in the Revision Petition, in accordance

with law.

With the aforesaid observations, the present writ petition

stands disposed off.

(P. B. Bajanthri, J) Vikash/-

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