Rajeev Ranjan Prasad, J.—Heard Mr. Vinod Kanth, learned Senior Counsel, Mr. Sanjay Singh, learned Senior counsel assisted by Mr. Amresh, learned Advocate for the petitioner and Mr, Sheo Kumar Prasad, SC 8 assisted by Mr. Ruchikar Jha, learned Advocate for the respondents.

2. This writ application has been filed for the following reliefs:—

“(i) For issuance of a writ in the nature of certiorari for quashing the order contained in File No.-4/M3-10-15/2014, GRI.AA/ Memo No. 5016 Patna dated 28.06.2016 (Annexure -26) issued by the Joint Secretary, Department of Home, whereby the memorial filed against the dismissal order before the Home Secretary, has been dismissed in a most mechanical manner without considering the genuine grievance of the petitioner.

(ii) For issuance of a writ in the nature of certiorari for quashing the order contained in Memo No.-3186/L-1, Patna dated 18.06.2014 (Annexure-24) passed by the DGP, Government of Bihar Patna whereby and where under the memorial filed by the petitioner has not been entertained by the DGP on totally wrong premises which is patently illegal and arbitrary in the eyes of law.

(iii) For issuance of a writ in the nature of certiorari for quashing the order bearing Memo No. 1905/Sa/sh. Dated 01.10.2013 (Annexure-22) passed by the Inspector General of Police Zone whereby and where under the appeal filed by the Petitioner has been rejected in a most arbitrary and cavalier manner.

(iv) For issuance of a writ in the nature of certiorari for quashing the order bearing Memo No. 22/vi. ka. Patna dated 08.02.2013 (Annexure-20) whereby and where under the D.I.G. Central Range, Patna dismissed the petitioner from service which is patently illegal and arbitrary in the eyes of law.

(v) For issuance of a writ in the nature of mandamus, directing and commanding the concerned respondents to re-instate the petitioner in service taking into consideration that in a most cavalier and arbitrary manner, the Petitioner has been dismissed from service though admittedly there is a gross violation of the established procedures of the departmental proceeding. As well as the dismissal order is apparently sheer violation of the order and judgment of the Hon’ble Apex Court as well as of this Hon’ble High Court.

(vi) For any other appropriate writ/writs be issued, direction/directions be given, order/orders be passed in the given facts and circumstances of the case.”

Brief Facts

3. It is the case of the petitioner that he was appointed vide Memo No. 6317/P-2/CPS-5 dated 21st August, 1994 under seal and signature of the Inspector General of Police (Admn.), Bihar, Patna as contained in Annexure ‘1’ to the writ application. After completion of his training, he was posted at Deoghar in the year 1995. After coming into force of the Bihar Reorganization Act, 2000, in the cadre division, he was allocated Bihar Cadre and transferred to Patna.

4. It is stated that on 30.06.2011, petitioner was posted as In-charge of the Maner Police Station at Patna. During his posting at Maner, on 13.06.2012, he was on mobile/patrolling duty with Dhirendra Kumar (Sub-Inspector), Saurabh Kumar (Sub- Inspector) and other Sahastra Bal at 03:00 A.M. In course of his patrolling, in the early morning hours, he saw three suspect with a Maruti van bearing registration no. BR01D-7676 in a lonely place at Mahadeo asthan, NH-30 behind Pir Baba Mazar, Maner. On arrival of the officers, two suspects ran away from there and one hide himself beneath the said vehicle. According to the petitioner, the two officers namely Saurabh Kumar and Dhirendra Kumar conducted a routine verification of the suspect who disclosed his name as Salman Khan, a resident of Alamganj, Gulzarbagh, Patna. He was searched and from his possession, many unwanted items like the tools of making keys, hammer, farsa, cutter, a bunch of key with other machines were seized.

5. It is stated that the S.I., Saurabh Kumar seized the objects found from the suspect namely Salman Khan and he went for verific