Mohd. Ali Jinnah vs State of Bihar - 2021 Supreme(Pat) 1118

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Pat) 1118

P. B. BAJANTHRI
Mohd. Ali Jinnah – Appellant
Versus
State of Bihar – Respondent

Advocates:
For the Petitioners: M/s Niranjan Kumar, Kumar Kishan.
For the CSBC : M/s Sanjay Pandey, Binod Kr. Mishra, Vivek Anand Amritesh.
For the State : M/s Prabhat Kr. Verma, Sanjay Kumar Ghorsarvey.

P. B. Bajanthri, J.—Heard the learned counsels for the parties.

2. In the instant petition, petitioner has prayed for following reliefs:—

“(i) For issuance of writ in the nature of certiorari for quashing of the memo no. 1367 dated 04.07.2016 passed by Commandant, Bihar Military Police-10, Patna-cum-Disciplinary Authority (Respondent No. 3) whereby and whereunder he has dismissed the petitioner from service which is arbitrary, malafide and without jurisdiction.

(ii) For issuance o a writ in the nature of mandamus directing the respondents to reinstate the petitioner in service with immediate effect.

(iii) For any other relief/reliefs as this Hon’ble Court deem fit and proper in the facts and circumstances of case.”

3. On 06.12.2021 following order was passed:—

“Heard learned counsel for the parties.

Learned State counsel is hereby directed to apprise this Court on the next date of hearing whether the legal contentions raised by the petitioner in the rejoinder affidavit is true or not? He has to verify from the original records relating to enquiry. He is also hereby directed to get instruction from the disciplinary authority whether is there any violation of statutory Rule as contended by

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