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2021 Supreme(Pat) 94

SHIVAJI PANDEY
Pratima Kumari, D/o Shashi Kant Tiwari – Appellant
Versus
State of Bihar through Principal Secretary, Home (Police) Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. Y.V. Giri, Mr. Farooque Afzal, Advocate Mr. Kumar Rajiv, Advocate Mr. Gulnaz Yasmin, Mr. Sumit Kumar Jha, Mr. Pramod Kumar, Advocate
For the State :Mr. P.K. Verma, Mr. Saroj Kumar Sharma, Mr. Sanjay Kr. Ghosharvey, A.C. to AAG-3 Mr. Sanjay Pandey, Advocate Mr. Binod Kumar Mishra, Mr. Vivek Anand Amritesh, Advocate

JUDGMENT :

The petitioners are constables in two categories; first, large number of petitioners are probationers and four of them are permanent constables.

2. In the present case, all the probationers and permanent constables having been terminated from the service on account of an indent took place in new Police Line on 02.11.2018.

3. In all the writ petitions, the facts are identical as also the reasons for termination of service are the same. There is no deviation of the facts, so the facts of C.W.J.C. No.23925 of 2018 is being taken into consideration, if necessary, the facts of other cases will also be taken into consideration.

4. The probationer and permanent constables are challenging the order of termination contained in Memo no. 13624 dated 04.11.2018 (Annexure-11) issued under the signature of Senior Superintendent of Police, Patna, whereby altogether, 164 probationer constables have been terminated and by the same authority vide order contained in Memo No.13625 dated 04.11.2018, four permanent constables having been dismissed from the service.

5. The facts of these cases runs in the following terms;-

That on 02.11.2018, one lady constable namely, Sabita Kumari Pathak, constabl

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