JUDGMENT

Shivaji Pandey, J. - Heard learned counsel for the parties.

2. This case has been referred before this Full Bench in view of the order dated 5.10.2016 passed by the Division Bench and this Full Bench has been called upon to answer the question of law as to whether a government servant can be dismissed from service by an authority who is the appointing authority in terms of the Rule, although the incumbent was appointed by an authority, higher in rank than the appointing authority, asmuch as, learned Single Judge has held that the Deputy Inspector General of Police, Tirhut Range, Muzaffarpur has not appointed the present writ petitioner, hence, in terms of Article 311 of the Constitution of India read with Rule 825 of the Police Manual , he cannot pass an order of removal of the writ petitioner from his service, since he was appointed by the Inspector General of Police. Interestingly, the Deputy Inspector General of Police under Rule 825 has an authority to inflict punishment of removal to the rank of Sub- Inspector but, the present petitioner, being a Sub-Inspector, was in fact appointed by the Inspector General of Police.

3. The short facts of this case are that Sri Manoj