Judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the Judgment of a Division Bench of the Patna High Court dismissing the writ petition filed by the appellant.

3.Background facts in a nutshell are as follows :

Alleging that appellant and his companions committed robbery on certain persons on 12.10.1991, they were chased by the local people and were apprehended. The three accused persons were police constables. They were handed over to the police and the money which was robbed by them was also recovered from their possession. Police registered Case No. Budha Colony Police Case No.319 of 1991 for alleged commission of offences punishable under Sections 392 and 411 of the Indian Penal Code, 1960 (in short the ‘IPC’). The departmental authorities almost simultaneously initiated departmental proceedings. On 6.1.1992 a Writ Petition filed by the appellant and the few others were listed before the Patna High Court. The same was numbered as CWJC No. 7846 of 1991. Challenge was to the initiation of the proceeding. In the meantime the criminal court had taken cognizance. During the pendency of the departmental proceedings, the trial was concluded and the appellan