Patna High Court
Santosh Kumar vs The State Of Bihar on 11 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10442 of 2020
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Santosh Kumar S/o Sukhdeo Prasad Singh R/o Village-Madhusudanpur P.O.-
Sahjadpur, P.S.-Madhusudanpur, District-Bhagalpur, Pin 812005
... ... 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-L.G. of Police, Bihar, Patna.
3. The D.I.G. of Police Katihar.
4. The Commandant B.M.P.-7 Katiahr
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ranjit Jha
For the Respondent/s : Mr.Lalit Kishore (Ag)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 11-01-2022
The matter is heard via video conferencing due to
circumstances prevailing on account of the COVID-19 pandemic.
2. In the instant petition, petitioner has prayed for the
following relief/reliefs:
"I. For issuance of an appropriate writ, order, /
direction to quash/set aside the impugned office order
of dismissal/Termination of petitioner, vide Memo No.
804/R.Ka. Dated, 10.04.2017, (Annex.-9) passed by
the Commandant of B.M.P.-7 katihar, without
appreciating the Departmental Proceeding rules and
natural justice to provide the inquiry report to the
petitioner of the above said D.P. No. -12/2016 and
without proofing the alleged charge against the
petitioner to award the gravious punishment to the
petitioner.
II. For issuance of an appropriate writ, order/orders,
direction/directions in nature of Mandamus directing
and commanding the concern respondents to reinstate
Patna High Court CWJC No.10442 of 2020 dt.11-01-2022
the petitioner on his own post with all consequential
benefits.
III. For issuance of an appropriate writ, order/orders,
direction/directions to the concern respondent
authorities to pay the arrears of full salary as per rules.
IV. For further issuance of an appropriate writ order or
directing in nature of Mandamus directing and
commanding the concerned respondent not to
humiliate or harass the petitioner on account of the
illegal and baseless, concocted and fabricated F.I.R.
No. 662/2015 dated 27.110.2015 of Katihar Town P.S.
Case when the criminal trial is pending before the Trial
Court.
V. For issuance of any other relief or reliefs to which
the petitioner found entitled to in the larges interest of
justice."
3. The petitioner has a statutory remedy of appeal
against the dismissal order dated 10.04.2017. Without exhausting
remedy of appeal petitioner has rushed to this Court and it is
premature in the light of the Apex Court decision in the case of
State of Jammu and Kashmir V/s. R.K. Zalpuri and others
reported in AIR 2016 SC 3006 paragraph-20 has held as under:
"20. Having stated thus, it is useful to refer to a
passage form City and Industrial Development Corporation
V/s.Dosu Aardeshir Bhiwandiwala and others {(2009) 1 SCC
168}, wherein this Court while dwelling upon jurisdiction
under Article 226 of the Constitution, has expressed thus:-
"The Court while exercising its jurisdiction under Article
226 is duty-bound to consider whether:
(a) Adjudication of writ petition involves any complex and
disputed question of facts and whether they can be
satisfactorily resolved;
(b) The petition reveals all material facts;
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(c) The petitioner has any alternative or effective remedy for
the resolution of the dispute;
(d) Person invoking the jurisdiction is guilty of unexplained
delay and laches;
(e) Ex facie barred by any laws of limitation;
(f) Grant of relief is against public policy or barred by any
valid law; and host of other factors"
4. Accordingly, present petition stands dismissed, reserving
liberty to the petitioner to prefer an appeal before the Appellate
Authority against the order of dismissal.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR
CAV DATE
Uploading Date 14.01.2022
Transmission Date
Underline Emphasized
