Exercise of power under Rule 853-A of the Manual must be within the jurisdiction and in accordance with the provisions of the Manual.

Narayan Roy, J.

1. Heard Mr. P.K. Shahi, learned Counsel appearing on behalf of the petitioner, and JC to SC 9.

2. By this writ application, the petitioner has challenged the order, as contained in Annexure 1 dated 17-8-2000, passed by respondent No. 2, Director General-cum-Inspector General of Police, Bihar, Patna, in purported exercise of power under Rule 853-A of the Bihar Police Manual, 1978 (hereinafter to be referred to as "Manual"), whereby and whereunder the order of reinstatement dated 21 -3-1997, as contained in Annexure 11, has been reviewed and the petitioner has been dismissed from service.

3. Learned Counsel appearing on behalf of the petitioner firstly submitted that a departmental proceeding, which was initiated against the petitioner and two others, namely, Havildar Zafarullah and constable Deo Narain Singh culminated in dismissal of the petitioner and Deo Narain Singh from services. It is further submitted that so far as the petitioner is concerned, he was found guilty and dismissed vide order as contained in Annexure 10 dated 6-7-1994. It is further submitted that the order of dismissal, as contained in Annexure 10, was challenged by the petitioner by way of appeal before the Deputy Inspector General of Police, Saran Range, Chapra.

4. The appeal filed by the petitioner, however, was allowed and order of dismissal was set aside and the petitioner was directed to be reinstated in service. The order, as contained in Annexure 11, passed on 21-3-1997, however, has been reviewed vide order, as contained in Annexure 1.

5. Learned Counsel appearing on behalf of the petitioner then submitted that the order of reinstatement passed as far back as on 21-3-1997 could not have been reviewed after a lapse of more than three years. It is also argued that the power as envisaged under Rule 853-A of the Manual was not exercisable in the given facts and circumstances of the case, and, therefore, the order impugned, as contained in Annexure 1, is wholly without jurisdiction and non-sustainable in law. It is also submitted by learned Counsel appearing on behalf of the petitioner that the order impugned, as contained in Annexure 1, must be held to be tainted with mala fide, inasmuch as that when the petitioner had approached this Court against an order of transfer in Civil Writ Jurisdiction Case No. 6417 of 2000, this Court had granted interim order of stay of the order of transfer, as contained in Annexure 2. Learned Counsel further submitted in this connection that during the pendency of the writ application aforesaid, the order, as contained in Annexure 1, was passed, and ultimately, the writ application aforesaid was disposed of and the order of transfer was set aside vide order, as contained in Annexure-3.

6. A counter affidavit has been filed on behalf of the respondents stating therein, inter alia, that respondent No. 2, Director General-cum-Inspector General of Police, Bihar, Patna, was well within his jurisdiction in reviewing the order, as contained in Annexure 11 and the power of review, as envisaged under Rule 853-A of the Manual has been exercised. However, in the counter affidavit, nothing has been said as 1o whether the order of reinstatement passed against the co-proceedee, namely, Deo Narain Singh, was also reviewed in the like manner, as it has been done in the case of the petitioner. At the same time, nothing has been stated in the counter affidavit as to when there was interim order of stay of transfer passed against the petitioner, as contained in Annexure 2, the order impugned was passed.

7. Rule 851 of the Manual talks about filing of an appeal against the order of dismissal, removal, reduction, withholding of promotion or periodical increment, suspension with loss of pay, removal from any office of distinction or special emolument etc., Rule 852 of the Manual is the procedure to deal with an appeal filed under Rule 851 of the Manual. Rule 853 of the Manual talks about filing of memorial and revision