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2023 Supreme(Pat) 750

MOHIT KUMAR SHAH
Hari Lal Yadav – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: Mr. Ram Yash Singh.
For the Respondents: Mr. Arvind Kumar No. 2, SC-17.

Mohit Kumar Shah, J. – The present writ petition has been filed for quashing that part of order dated 28.11.2013, passed by the Senior Superintendent of Police, Patna by which the pay and emoluments, apart from what has already been paid during the period of suspension of the petitioner, has been directed to be forfeited as also for quashing the order dated 14.06.2014 passed by the Deputy Inspector General of Police, Central Range, Patna, whereby and whereunder the appeal filed by the petitioner has been rejected.

2. The brief facts of the case, according to the petitioner, are that he was appointed as a Constable in the Bihar Police on 25.04.1991. The petitioner is stated to have been arrested while he was on leave and sent to judicial custody in connection with one Dalsing Sarai P.S. Case No. 36 of 2006 on 05.03.2006, whereafter a letter was sent to the petitioner on 02.05.2006 to report for election duty, however, since the petitioner could not report for election duty, a departmental proceeding was initiated by the Senior Superintendent of Police, Patna and charges were framed vide letter dated 05.05.2006. The petitioner is stated to have been enlarged on bail on 30.04.2007, whe

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