Patna High Court
Gaurav Kumar vs The State Of Bihar on 29 March, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5919 of 2020
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Gaurav Kumar S/o Late Satish Kumar Yadav R/o Vill and P.o.- Dal sagar, P.s.-
Industria Ara, Buxar, District- Buxar
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Home (Police) Department,
Govt. of Bihar, Patna
2. Director General cum Inspector General of Police, Bihar, Patna
3. Deputy Inspector General, Magadh Range, Gaya
4. Senior Superintendent of Police, Gaya
5. Chairman, Central Selection Board (constables appointment), Bihar, Patna
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ram Yash Singh, Advocate
For the Respondent/s : Mr. Sheo Shankar Prasad, SC 8
Mr. Anil Kumar, for State, AC to SC 8
For C.S.B.C : Mr. Sanjay Pandey, Advocate
Mr. Binod Kumar Mishra, Advocate
Mr. Vivek Anand Amritesh, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 29-03-2022
Heard learned counsel for the parties.
2. In the instant petition, petitioner has prayed for the
following relief/reliefs:
"(i) For issuance of an appropriate writ (s)/
direction (s)/ order (s) for setting aside the order
passed by Senior Superintendent of Police, Gaya vide
his Memo No. 3741/R.O. dated 30.10.2015,
corresponding District Order no. 2387/2015 by which
the services of the petitioner was abruptly terminated
from retrospective effect of 17.10.2015, without
initiating any departmental proceeding or issuing any
show cause notice to the petitioner.
Patna High Court CWJC No.5919 of 2020 dt.29-03-2022
(ii) For setting aside the order passed by
the appellate authority, D.I.G, Magadh Range, Gaye
contained in his letter No. 403/G.s. dated 11.04.2018,
by which the appellate authority rejected the appeal of
the petitioner in the most mechanical order without
applying his mind.
(iii) For setting aside the order passed by
the Director General cum Inspector General of Police,
Bihar Patna contained in his letter No. 48/453844/L-1
dated 17.01.2020 of by which the memorial of the
petitioner has been rejected on technical grounds,
without considering the merit of the case and without
considering the points raised by the petitioner.
(iv) For setting aside the order passed by
Central Selection Board (constable's appointment)
Bihar, Patna, vide its letter No. 1133/KHP dated
17.10.2015 by which Sr. S.P. Gaya was directed to file
a criminal case against the petitioner for using 'Blue
Tooth' during the written examination held for
constable's appointment so that his appointment could
be nullified.
(v) For appropriate declaration that the
order of termination from the retrospective effect is
nullity in the eye of law as such it never existed or in
the alternative.
(iv) For a follow up direction to the
respondent authorities to re - instate the petitioner with
all consequential benefits.
(vii) For any other relief/consequential
reliefs to which the petitioner is entitled in the facts
and circumstances of the case."
3. On 10.01.2022, following order was passed:
Patna High Court CWJC No.5919 of 2020 dt.29-03-2022
"List this matter on 17.01.2022 so as to
enable the State counsel to ascertain whether before
order of termination enquiry has been held or not?"
4. Learned counsel for the petitioner on instruction from
the disciplinary authority submitted that before passing of
impugned order no enquiry was held. In the light of the aforesaid
submission, the petitioner has made out a case.
5. Accordingly, impugned orders dated 30.10.2015,
11.04.2018, 17.01.2020 and 17.10.2015 stand set aside. Writ
petition is allowed reserving liberty to the respondents to initiate
enquiry and complete within a period of four months from the date
of receipt of this order.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR
CAV DATE
Uploading Date 30.03.2022
Transmission Date
