Patna High Court
Bhola Choudhary vs The State Of Bihar on 10 April, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.799 of 2022
In
Civil Writ Jurisdiction Case No.293 of 2020
======================================================
Bhola Choudhary Son of Late Ramchandra Choudhary Resident of Village-
Harigaon, Police Station Belaganj, District- Gaya.
... ... Appellant.
Versus
1. The State of Bihar Through the Principal Secretary, Department of Home,
Government of Bihar, Patna.
2. The Home Commissioner (Police) Government of Bihar, Patna.
3. The Director General of Police Bihar, Patna.
4. The Inspector General of Police, Patna Division, Patna.
5. The Deputy Inspector General of Police Magadh Range, Gaya.
6. The Deputy Inspector General of Police, Aurangabad Range, Aurangabad.
7. The Superintendent of Police, Jehanabad.
8. The Inspector of Police - cum- Conducting Officer, Ghoshi Anchal,
Jehanabad.
... ... Respondents.
======================================================
Appearance :
For the Appellant : Mr. Ravindra Nath Dubey, Advocate.
For the State : Mr. Saroj Kumar Sharma, AC to AAG-3.
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 10-04-2025
I.A. No.1 of 2022:
Heard I.A. No.1 of 2022.
2. There is a delay of about 114 days in filing the
present L.P.A. No.799 of 2022.
3. For the reasons stated in the application read with
the affidavit, delay of about 114 days in filing the present L.P.A.
Patna High Court L.P.A No.799 of 2022 dt.10-04-2025
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No.799 of 2022 stands condoned. Accordingly, I.A. No.1 of
2022 stands allowed.
L.P.A. No.799 of 2022:
4. The appellant has assailed the order of the learned
Single Judge dated 01.08.2022 passed in C.W.J.C. No.293 of
2020.
5. The appellant-Bhola Choudhary was a Constable.
He applied for four days leave with effect from 09.05.1988.
Thereafter, he remained unauthorized absent for a period of
about 42 days. On his return to the office on 24.06.1988, he had
been taken back to the duties. Thereafter, departmental inquiry
has been initiated and it was concluded in imposition of penalty
of dismissal from service. It was a subject matter of C.W.J.C.
No.18164 of 2009. On technical ground, matter was remanded
to the disciplinary authority. Once again, he was punished and it
was the subject matter of C.W.J.C. No.13943 of 2010. This
Court set aside the later punishment order of dismissal and
further directed to hold a fresh inquiry. Thereafter, once again
appellant was dismissed from service on 05.11.2018 and
preferred an appeal before the Appellate Authority and it was
rejected on 04.02.2019. In this backdrop, C.W.J.C. No.293 of
2020 has been filed by the appellant. The learned Single Judge
Patna High Court L.P.A No.799 of 2022 dt.10-04-2025
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had dismissed C.W.J.C. No.293 of 2020 vide order dated
01.08.2022
. Hence, the present L.P.A. No.799 of 2022 by the
appellant.
6. Core issue involved in the present lis is whether for
remaining unauthorized absence for about 42 days would result
in imposition of major penalty of dismissal from service and is
it commensurate with the charge or not?
7. We find, prima facie, penalty of dismissal from
service for remaining unauthorized absence for 42 days is not
commensurate with charge. The Hon'ble Supreme Court in the
case of Union of India and Another Versus R.K. Sharma,
reported in 2022 SCC OnLine SC 2010, examined the issue of
quantum of penalty read with charge.
8. Having regard to the above facts and circumstances
and the fact that the appellant is before this Court for the 4th time
from the year 2009, in order to give quietus to the litigation, we
propose to modify the penalty from dismissal order dated
05.11.2018 read with the order of the Appellate Authority dated
04.02.2019 to the following effect:
"Dismissal penalty order is modified to that of
withholding of two increments with a cumulative effect and it
would be effective from 05.11.2018, the date on which
Patna High Court L.P.A No.799 of 2022 dt.10-04-2025
dismissal order was passed. The appellant shall be reinstated
within a period of three months from the date of receipt of this
order. However, we make it clear that appellant is entitled to
only 50% of the back wages from 05.11.2018 to this day. The
same shall be calculated and disbursed in favour of the appellant
within a period of three months from the date of receipt of this
order."
9. The present L.P.A. No.799 of 2022 is allowed in
part.
(P. B. Bajanthri, J)
( S. B. Pd. Singh, J)
P.S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 16.04.2025.
Transmission Date NA
