This Letters Patent Appeal raises an important question of law. It is in relation to the interpretation of Article 311(1) of the Constitution of India as well as Clause 825 of the Bihar Police Manual.

The sole respondent herein was appointed as Sub-Inspector in Bihar Police, in the year 1994. The order of appointment dated 21st August 1994 was signed by the Inspector General of Police (Administration).

Disciplinary proceedings were initiated against the respondent alleging certain acts of misconduct. Charge-sheet was issued and thereafter an enquiry officer was appointed. In his report, the enquiry officer recorded findings to the effect that the charges are proved. Taking the same into account, the Deputy Inspector General of Police, Tirhut Division, the 4th respondent-appellant herein, passed the order dated 7.7.2010 dismissing the respondent from service.

Challenging the same, the respondent filed an appeal before the Inspector General of Police, Tirhut Division, 3rd respondent herein and on dismissal of that, he filed a memorial before the Director General of Police, the second respondent herein. That was dismissed and thereafter the respondent filed CWJC No. 12013 of