Tribhuban Singh vs State of Bihar - 2025 Supreme(Pat) 108

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Pat) 108

ANSHUMAN
Tribhuban Singh – Appellant
Versus
State of Bihar – Respondent

Advocates Appeared:
For the Petitioner: M/s Mukeshwar Dayal, Dilip Kumar.
For the Respondents: M/s Manish Kumar, GP-4, Sanjay Parasmani, AC to GP-4.

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

2. The present Writ Petition has been filed for a direction to the respondent authority to quash the dismissal order of the petitioner issued vide Memo No. 229/ lk0 'kk0 dated 26.01.2014 passed by the Deputy Inspector General, Tirhut Range, Muzaffarpur (Annexure-4 to the Writ Petition) and Memo N. 1092 dated 27.05.2014 passed by the Inspector General of Police, Muzaffarpur (Annexure-4A to the Writ Petition). The further prayer of the petitioner to quash the order passed in the Memorial by the Director General of Police, Bihar, Patna vide Memo No. 5029 dated 20.11.2014 in Disciplinary Proceeding Appeal No. 29 of 2013 (as contained in Annexure-8 to the Writ Petition).

3. Learned counsel for the petitioner submits that the entire departmental proceeding is bad in law because it was conducted in the absence of a Presenting Officer. He further submits that the petitioner was admittedly an A.S.I. in the police department, and the departmental proceeding against him was conducted under the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 (hereinafter referred to as the 'CCA R