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2023 Supreme(Pat) 140

PRABHAT KUMAR SINGH
Sudarshan Prasad Yadav – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Akhilesh Dutta Verma.
For the Respondents: Mr. Saroj Kumar Sharma, AC to AAG 3.

ORDER

Heard learned counsel for the petitioner and the State.

2. This writ petition has been filed for quashing order dated 9.12.2018 (Annexure 10) passed by the Senior Superintendent of Police, Gaya by which the petitioner has been dismissed from service as well as appellate order dated 8.8.2019 (Annexure 12) passed by the Deputy Inspector General, Magadh Division, Gaya by which dismissal order dated 9.12.2018 has been affirmed. Petitioner has also challenged order dated 3.12.2020 (Annexure 14) passed by the DGP, Bihar by which he has affirmed order of termination dated 9.12.2018 and the appellate order dated 8.8.2019.

3. Short facts giving rise to the instant writ petition are that the petitioner, while posted as constable at Gaya, was apprehended taking bribe leading to registration of Vigilance Case No.86 of 2015 and initiation of departmental proceeding culminating in the dismissal of his service. Appeal as well as memorial too were dismissed.

4. Assailing the impugned orders, learned counsel appearing for the petitioner submits that these orders suffer from various procedural lapses. He submits that in the instant case, no Presenting Officer has been appointed in the departmental

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