ORDER :

1. This petition has been filed under Article 226 of the Constitution of India by the petitioner for setting aside the Charge Memo dated 16.11.2016 (Annexure P/1) in respect of the petitioner on the ground that the charges are vague.

2. The petitioner was posted as SHO at Police Station, Patna and two of his subordinate Constables i.e. Constable No.486 – Mukesh Kumar Sahu and Constable Driver No.649 Radhekrishna Sahu, without informing him or any Superior Police Officer, on the basis of an information to the effect that complainant – Chandrika Prasad was in illegal possession of contraband, made a search in respect of the complainant including his motorcycle. By the impugned Charge Memo, the charges were levelled against the petitioner, who was the SHO of the concerned Police Station at the relevant time, that he failed to control and supervise his subordinate staff, therefore, he was duly responsible for the effective actions of his subordinates, whereby, they have committed gross misconduct and negligence in their duties.

3. Brief facts of the case are that complainant Chandrika Pandey made a complaint on 19.9.2016 before the Inspector General of Police to the effect that on