Patna High Court
Ritu Devi vs The State Of Bihar on 11 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10787 of 2020
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Ritu Devi Wife of Upendra Kumar Pandey, daughter of Sri Bashishtha
Narayan Choubey @ Bashist Choubey, resident of Village - Badha, Post and
Police Station - Nuoan, District - Kaimur (Bhabhua).
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Home,
Government of Bihar, Patna.
2. The Director General of Police, Bihar, Patna.
3. The Inspector General of Police, Darbhanga, District - Darbhanga.
4. The Senior Superintendent of Police, Darbhanga.
5. The Commandant Bihar Military Police - 5, Phulwarisharif, Patna.
6. The Deputy Superintendent of Police (Police Force), Police Centre,
Darbhanga.
7. Upendra Kumar Pandey, Son of Sobhnath Pandey, resident of Village - Bore
More Chausa, Post - Buxar (Mufasil) Police Station- Buxar (Mufasil),
District - Buxar, at present Armoral Constable, District - Police Force,
Darbhanga, Post, Police Station and District - Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Surendra Kumar Choubey
For the Respondent/s : Mr.Lalit Kishore ( Ag )
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 11-05-2022
Heard learned counsel for the respective parties.
In the instant petition, petitioner has prayed for the
following reliefs:
i) Issuance of a writ in the nature of writ of
certiorari quashing the order vide Letter No.1784
dated 28.04.2020 passed by the Senior Superintendent
of Police, Darbhanga contained in Annexure-7
whereby and where under he has been pleased to
disposed of the representation of petitioner (i.e.
Patna High Court CWJC No.10787 of 2020 dt.11-05-2022
annexure-3) without giving any opportunity of hearing
of the petitioner and as such he has been deliberately
ignored the order dated 25.02.2020 of the Hon'ble
High Court Patna passed in C.W.J.C. No. 2659/20
"Ritu Devi Versus The State of Bihar and other".
ii) Issuance of a writ in the nature of writ of
mandamus directing the respondent authorities to take
appropriate action against the respondent no.7
Upendra Kumar Pandey, constable on the basis of
representation made by petitioner on 17.01.2019 in
this regard for his deliberate latches of not mentioning
the name of petitioner as wife in his service book.
iii) Issuance of a writ in the nature of writ of
mandamus directing the respondents to take
appropriate action/fresh decision on the
representation of petitioner dated 17.01.19 made
against the respondent No.7 Upendra Kumar Pandey
after giving opportunity of hearing of petitioner.
iv) Issuance of any other writ(s) or order(s)
or direction (s) which may be deemed fit and proper in
the facts and circumstances of the case.
The petitioner is the wife of 7th respondent. 7th respondent
was subjected to disciplinary proceeding on the allegation that he
has entered into second marriage contract when his first wife-
petitioner is alive. In the disciplinary proceeding, 7 th respondent
has been exonerated. Feeling aggrieved by the order of
exoneration of 7th respondent, petitioner (wife of 7th respondent)
has presented this petition. The petitioner has no locus standi to
Patna High Court CWJC No.10787 of 2020 dt.11-05-2022
question the order passed in a disciplinary matter. In a disciplinary
proceeding matter is between employer and employee. In other
words it is among official Respondents and its Government
Servant. The disciplinary rules are applicable to Government
Servants. Therefore, the petitioner who is nor a Government
Servant has no locus to question the validity of the order passed in
a disciplinary proceeding.
At this stage, learned counsel for the petitioner submitted
that 7th respondent has not paid maintenance and other benefits in
that regard, the petitioner has remedy before the appropriate forum
while invoking the appropriate provisions of law. It is learnt that
she has already invoked such remedy and it is pending
consideration.
Therefore, the present petition is not maintainable and
accordingly, the present petition stands dismissed.
(P. B. Bajanthri, J)
Ranjeet/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.05.2022
Transmission Date NA
