Patna High Court
Vijendra Prasad vs The State Of Bihar on 28 March, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20918 of 2021
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Vijendra Prasad Son of Late Etawari Mahto, Resident of Village - Bhanjal
Bigha, Police Station- Noorsarai, District - Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar though, the Director General of Police, Bihar, Patna.
2. The Director-General of Police, (Police Head Quarter) Sardar Patel Bhawan,
Bailey Road, Patna.
3. The Principle Secretary, Personnel and Administration, Bihar, Patna.
4. The Home Secretary, Bihar, Patna.
5. The Additional Director-General of Police (Wireless/Tech. Services) Bihar,
Patna.
6. The Deputy Inspector General of Police (Wireless/Tech. Services) Bihar,
Patna.
7. The Senior Superintendent, Police, Bhagalpur, District - Bhagalpur.
8. The Superintendent of (Wireless), Bihar, Patna.
9. The Police Inspector (Operator) Bihar Police Radio, Bhagalpur.
10. The Sub Inspector (Operator) (Sukhdeo Kishku), Bihar Police Radio, Bha-
galpur.
11. The Sub Inspector, (Vijay Kumar Yadav), Bihar Police Radio, Bhagalpur.
12. The Sub Inspector, (Shiv Jee Singh) Bihar Police Radio, Bhagalpur.
13. The Sub Inspector (Navin Kumar), Bihar Police Radion, Bhagalpur.
14. The Constable (Nakul Yadav), Bihar Police Radio, Bhagalpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rabindra Prasad Singh, Advocate
For the Respondent/s : Mr. Md. Nadim Seraj (GP 5)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 28-03-2022
Heard learned counsel for respective parties.
In the instant petition, petitioner has prayed for the fol-
lowing reliefs:-
"(i) For issuance of an order/
orders/ direction/directions/writ in the
nature of Certiorari for setting aside the
Patna High Court CWJC No.20918 of 2021 dt.28-03-2022
order dated 21.10.2021 vide Office Order
No. 327 of 2021 and Memo No.
1049/R.0.sig. Patna dated 21.10.2021-
passed by the Superintendent of and Po-
lice (Wireless) Bihar, Patna whereby
where under the Respondents have sus-
pended to the petítioner without issuing
any show cause notice to the petitioner
and also pay held out to the petitioner
whether is totally violation of principle of
natural Justice.
(ii) And further for issuance of
appropriate order/orders/direction/direc-
tions writ in the nature of Mandamus di-
recting and commanding to the Respon-
dents to revoke the suspension of the peti-
tioner and to pay arrears of salary with
statutory interest for the ends of justice.
(iii) And further be pleased to
grant other relief/relieves as the peti-
tioner is entitled for."
Undisputedly, petitioner has statutory remedy of appeal
against order of suspension dated 21.10.2021 before the next
higher authority to that of Superintendent of Police (Wireless) Bi-
har, Patna.
Accordingly, the present petition stands disposed off as
premature reserving liberty to the petitioner to prefer an appeal be-
fore the appellate authority within a period of eight weeks from the
date of receipt of this order. If such appeal is filed, the appellate
authority is hereby directed to decide the petitioner's appeal within
a period of three months. The appellate authority is hereby directed
Patna High Court CWJC No.20918 of 2021 dt.28-03-2022
to take note of decision of Hon'ble Apex Court in the case of Ajay
Kumar Chaudhary vs. Union of India reported in (2015) 7 SCC
Learned counsel for the petitioner submitted that peti-
tioner has not been provided subsistence allowance during the pe-
riod of suspension. In this regard, petitioner is stated to have sub-
mitted representation vide Annexure-5 to 10.
The suspending authority is hereby directed to extend
subsistence allowance in accordance with relevant rules, within a
period of one month from the date of receipt of this order if subsis-
tence allowance is not paid as on this date.
(P. B. Bajanthri, J)
Vikash/-
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