Patna High Court
Md Tarique Anwar Ansari vs The State Of Bihar on 3 January, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19241 of 2024
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Md Tarique Anwar Ansari Son of Late Md. Iftakhar Ansari, Resident of
Village Malah Bigha, Police Station Islampur, District- Nalanda, presently
posted as Sub-Inspector of Police at Police line Katihar, Police Station Sayak
Police Station and District- Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Director General of Police, Government of
Bihar, Sardar Patel Bhawan, Patna.
2. Additional Director General of Police, Law and Order, Government of
Bihar, Sardar Patel Bhawan, Patna.
3. Additional Director General of Police, Headquarter, Government of Bihar,
Sardar Patel Bhawan, Patna.
4. The Deputy Inspector General of Police, Purnia Division, Purnia.
5. The Superintendent of Police, Katihar.
6. Sub-Divisional Police Officer, Sadar -1, Katihar Sub- Division, Katihar.
7. Dharmendra Kumar, Sub-Divisional Police Officer, Sadar- 2, Katihar,
Katihar.
8. The Officer In Charge of Roshna Police Station, District- Katihar.
9. Departmental Inquiry Officer cum Dy. S.P (Hq), Katihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Md. Helal Ahmad, Advocate
For the Respondent/s : Mr. Standing Counsel (16)
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 03-01-2025
Heard Md. Helal Ahmad, learned Advocate for the
petitioner and the learned Advocate for the State.
2. The petitioner has invoked the jurisdiction of this
Court for the following reliefs:
"(I) For quashing of order dated
11.08.2024
issued under Memo No. 3533 by the
Respondent No.5 Superintendent of Police,
Katihar whereby show cause issued for initiating
Patna High Court CWJC No.19241 of 2024 dt.03-01-2025
departmental proceedings against petitioner by
framing memo under Prapatra (ka) and also
quash the order dated 26.9.2024 issued under
Memo. No. 4212 of respondent no.5, whereby
departmental proceeding initiated against the
petitioner for fake charges.
(II) For quashing of order dated
11.08.2024 issued under Memo No. 3536 by
Respondent no.5, the Superintendent of Police,
Katihar whereby show cause issued for initiating
departmental proceeding initiated against the
petitioner by framing Prapatra (ka) against the
petitioner also quash the order dated 26.9.2024
issued under Memo. No. 4214 of respondent
no.5, whereby another departmental proceeding
initiated against the petitioner for same charges
as well for filing application to the respondent
no.1.
(III) For quashing of order dated
03.08.2024 issued under Memo No. 1597 by the
Respondent No.4, Deputy Inspector General of
Police, Purnia Division, Purnia whereby
Respondent No.5 has been directed to initiate
departmental proceeding against the petitioner
for submitting application to the respondent no.
1, the Director General of Police, Bihar, Patna.
(IV) Further direct the Respondent
No.5 to send alleged video footage to Forensic
Sciences Laboratory (F.S.L.) Patna for its
examination as on the basis alleged video
footage petitioner was suspended from the post
of Officer Incharge of Roshna Police Station and
alleged departmental proceeding initiated.
(V) For direction to the Respondent
No.5 to provide the alleged video footage to the
petitioner and after investigation lodge F.I.R
against the person who got alleged fake video
footage prepared and circulated in whatsapp.
(VI) Further direct the Respondent
No.4 and 5 to restore the petitioner to the post of
Officer In-charge.
(VII) Further direct the Respondent
Patna High Court CWJC No.19241 of 2024 dt.03-01-2025
No.1 to 3 to promote petitioner to the post of
Inspector as due on 21.09.2024.
(VIII) During the pendency of this
writ application stay the impugned order dated
order dated 26.9.2024 issued under Memo No.
4212 and order dated 26.09.2024 issued under
Memo No. 4214 of respondent no. 5."
3. After some arguments, learned Advocate for the
petitioner fairly contended that against the show-cause notice
and the memo of charge, the petitioner has filed a detailed
show-cause reply, as contained in Annexure-P/16 to the writ
petition. Despite the disposal of the representation, the
respondent Superintendent of Police, Katihar is proceeded
further in the departmental proceeding. It is the contention of
the petitioner that the alleged video footage, based upon which
the entire departmental proceeding is initiated, is an edited and
morphed footage, which is required to be examined by the
Forensic Sciences Laboratory, before proceeding against the
petitioner.
4. At this juncture, learned Advocate for the State
submits that since the present writ petition has been filed against
the show-cause and the memo of charge, the same is not
maintainable, as no cause of action has arisen. The petitioner
has already filed his detailed show-cause reply, which would be
considered by the competent authority.
Patna High Court CWJC No.19241 of 2024 dt.03-01-2025
5. Considering the prayer made in the writ petition
and the law settled by the Hon'ble Supreme Court in the case of
Secretary, Ministry of Defence and Ors. Vs. Prabhash
Chandra Mirdha, (2012) 11 SCC 565, this Court finds that at
present, no interference is required. However, the respondent no.
5 is directed to consider the detailed representation of the
petitioner, as contained in Annexure-P/16 to the writ petition,
before proceeding any further.
6. The writ petition stands disposed off with the
aforesaid direction.
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 07.01.2025.
Transmission Date NA
