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2023 Supreme(Pat) 948

ANSHUMAN
Md. Giaaul Hak – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: M/s Ambuj Nayan Chaubey, Sanjay Kumar Singh, Shashank Shekhar Dubey, Shadhwal Harsh.
For the State : M/s Sheo Shankar Prasad, (SC-8), Sanjay Kumar, (AC to SC-8).

Dr. Anshuman, J. – Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for quashing the order dated 30.10.2019 contained in Memo No. 1570 passed by the Inspector General of Police, Purnia zone, Purnia and further for quashing the order dated 27.07.2019 contained in Memo No. 3640 passed by the Superintendent of Police, Kishanganj by which the petitioner has been dismissed from the service with immediate effect. Further prayer has also been made to quash the consequential order dated 05.08.2019 contained in Memo No. 2288 passed by the Superintendent of Police, Araria by which the petitioner has been dismissed from his service and direction was made for deletion of name of the petitioner from all registers of the District pursuant to order dated 27.07.2019 contained in Memo No. 3640.

3. Learned counsel for the petitioner submits that the departmental proceeding against the petitioner has been conducted in complete violation of the provisions of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as “Bihar CCA Rules, 2005’’). He also submits that the Presenting Officer

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