Purnendu Singh, J.—Heard Mr. Bindhyachal Singh, learned Senior Counsel, along with Mr. Vipin Kumar Singh, Ms. Smriti Singh and Ms. Nikita Mittal, learned counsels appearing on behalf of the petitioner and Mr. P.K. Verma, learned AAG 3 appearing on behalf of the State.

RELIEF

2. The petitioner in paragraph no.1 of the present writ petition have, inter alia, sought following refief(s), which is reproduced hereinafter:—

(i)For issuance of writ in the nature of certiorari or any other appropriate writ, order or direction for quashing letter no. 4460 dated 25.06.2021 issued by office of Superintendent of Police whereby the recommendation has been given for dismissal of petitioner under Article 311(2) of the Constitution of India without holding regular departmental proceeding as prescribed under the Civil (Classification, Control & Appeal) Rules, 2005 (hereinafter referred to as CCA Rules, 2005).

(ii) For issuance of writ in the nature of certiorari or any other appropriate writ, order or direction for quashing order passed by the Deputy Inspector General, Shahabad Region, Dehri-on- Sone contained in memo no.1708 dated 08.07.2021 whereby the order has been passed by the disciplinary authority dismissing the petitioner from service with effect from 08.07.2021 under Article 311(2) of the Constitution of India by giving a reason that it is impracticable to hold regular departmental proceeding bydeclaring the petitioner as an absconder without any justifiable basis for reaching such an erroneous conclusion.

(iii) For issuance of writ in the nature of certiorari or any other appropriate writ, order or direction for quashing the consequential order issued under the Bhojpur District Order no. 2140 dated 10.07.2021 issued by office of Superintendent of Police, Bhojpur.

(iv) For issuance of writ in the nature of Certiorari or any other appropriate writ, order or direction for quashing order dated 02.11.2022 issued by Appellate Authority whereby departmental appeal preferred by the Petitioner has been rejected without any reason assigned in the said Appellate order and by merely relying on the order passed by the Disciplinary authority.

(v) For holding under the Respondent Authorities have reached to an erroneous conclusion that it is impracticable to hold regular departmental proceeding in the case of petitioner and by merely resorting to Article 311(2) of the Constitution of India by holding that the petitioner hasbeen an absconder without appreciating that petitioner is continuously present and ready and willing to participate in proceeding, if any.

(vi) For holding that the order of dismissal passed against the petitioner under Article 311(2) of the Constitution of India is merely an eye wash in utter violation of concerned statutory provisions including CCA Rules, 2005 as well as Bihar Police Manual as the petitioner has never been absconding.

(vii) For issuance of any other appropriate writ, order or direction which your Lordships may deem fit and proper in the facts and circumstances of the case.

BRIEF FACTS

3. The brief facts of the case are that the petitioner was posted as Officer-in-Charge of Sahar Police Station and while, he was posted during this period, a written complaint was filed on 05.06.2021 by one Sanjay Yadav alleging that money was collected from sand loaded truck at night by one Ashok Singh, who was extorting money from truck driver for the petitioner and on such allegation, an FIR was registered being Sahar P.S. Case no.- 123/2021 dated 06.06.2021 against the petitioner and one Ashok Singh under Sections 341, 323, 384, 385, 420, 388, 504, 506 and 34 of the Indian Penal Code. On the basis of criminal case lodged against the petitioner, he was put under suspension vide order dated 06.06.2021 and thereafter, a recommendation was made vide letter no. 4460 dated 25.06.2021 issued by Superintendent of Police, Bhojpur, whereby petitioner was recommended for dismissal from service without holding any regular departmental enquiry prescr