Patna High Court
Dilip Kumar vs The State Of Bihar on 1 May, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.991 of 2023
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Dilip Kumar, Son of Mahesh Prasad Resident of Village- Pipra Tola, P.O.-
Parwa, P.S.- Jay Nagar, District- Madhubani, PIN- 847226.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Home Department,
Government of Bihar, Patna.
2. The Director General-Cum- I.G. of Police, Bihar, Patna.
3. The Deputy Inspector General of Police, Shahabad Range, Dehri-On-Sone,
Rohtas.
4. The Superintendent of Police, Kaimur (Bhabhua).
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Mayanand Jha, Sr. Advocate
Mr. Gaurav Prakash
For the Respondent/s : Mr. Dhurendra Kumar
AC to GP 5
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CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL
ORAL JUDGMENT
Date : 01-05-2025
This petition has been preferred by the petitioner
seeking following reliefs:
I) For issuance of an appropriate writ,
order, direction or directions in nature
of Mandamus directing and
commanding the concerned respondents
to set aside the impugned order of
dismissal of petitioner passed by the S.P.
Kaimur (Bhabhua) vide D.O. No. 1536
Patna High Court CWJC No.991 of 2023 dt.01-05-2025
2/5
of 2016 with Memo No. 2587/aj0/dk0
dated 15.10.2016 in Departmental
Proceeding No. 37 of 2015 (Annexure-
09) and also set aside the impugned
order passed by the DIG Shahabad
Range in appeal of petitioner vide D.O.
No. 1988 of 2016 with Memo No.
2019/xks0'kk0, (Annexure-10) dated
23.12.2016
.
II) For further issuance of an
appropriate writ order or direction in
nature of Mandamus directing and
commanding the concerned authorities
to reinstate the petitioner on his own
post with all consequential benefits, in
term of his acquittal in alleged Criminal
Case by the Trial Court.
III) For further issuance of an
appropriate writ order or direction in
nature of Mandamus directing and
commanding the concerned respondent
to reinstate the petitioner on his own
post with all consequential benefits, in
term of his acquittal in alleged criminal
case by the Trial Court as the others
have been benefited in similar matter in
respect of Hon'ble High Court
Order/judgments as well as Hon'ble
Apex Court Judgments, which are
annexed with this writ petition as
Annexures-13, 14, 15 & 16.
IV) For issuance of any other relief or
reliefs to which the petitioner found
entitled to in the larger interest of
justice.
Patna High Court CWJC No.991 of 2023 dt.01-05-2025
2. The petitioner has been terminated from the
services on the ground that at the time of his selection for the
post of Constable, he cheated the department and in his place
any other person appeared in the examination, by this way the
petitioner committed fraud. On the same facts of allegation, an
FIR has also been lodged against the petitioner for the offences
punishable under Sections 419, 420, 467, 468, 471 and 472 of
the Indian Penal Code. In the departmental inquiry on the basis
of inquiry report, the disciplinary authority passed the order
impugned whereby the services of the petitioner has been
terminated, which has also been affirmed by the Appellate
Authority.
3. Learned counsel for the petitioner would submit
that during pendency of this petition, after passing of the
appellate order and before submitting this writ petition, the Trial
Court vide its judgment dated 12.04.2021 acquitted the
applicant-petitioner from all charges levelled against him.
Therefore, it is prayed by the counsel that the matter of the
petitioner is squarely covered with the observations made by the
Hon'ble Supreme Court in the case of Capt. M. Paul Anthony
Vs. Bharat Gold Mines Ltd. and Ors. 1999 (3) SCC 379 and
also G.M. Tank Vs. State of Gujrat and Ors. 2006 (5) SCC 446
Patna High Court CWJC No.991 of 2023 dt.01-05-2025
and Ram Lal Vs. State of Rajasthan and Ors. 2024 (1) SCC
175.
4. Therefore, it is prayed by the counsel that in the
light of the above referred judgment passed by the Hon'ble
Supreme Court, which has been relied upon by the Co-ordinate
Bench of this Court also in the case of Prakash Kumar Paswan
Vs. The State of Bihar in CWJC No. 4084 of 2020, this writ
petition may also be disposed of.
5. The above prayer made by the counsel for the
petitioner is not opposed by the counsel for the respondents-
State.
6. Considering the submissions made by both the
counsels, the petition is disposed of with liberty to the petitioner
to approach before the respondents who shall re-consider the
order of dismissal of the petitioner in the light of mandate of the
Hon'ble Apex Court in the cases so referred earlier herein. It is
further directed that the competent authority will exercise and
conclude the proceeding as early as possible probably within 60
days from the date of receipt/production of a copy of this Court
and pass a reasoned order.
7. However, petitioner is a liberty to approach this
Court again if occasion will arise subsequently.
Patna High Court CWJC No.991 of 2023 dt.01-05-2025
8. With the above observation, this petition is
disposed of.
(Arvind Singh Chandel , J)
shailendra/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 05.05.2025
Transmission Date NA
