IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1101 of 2022 ======================================================

Nirmala Kumari D/o Shri Mehar Chand Das Resident of Village - Below, P.S.

- Barbigha, District- Shekhpura.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, (Home) Police Department, Bihar, Patna.

2. The Director General of Police - cum- Inspector General of Police, Bihar, Patna.

3. The I.G. B.M.P. Bihar, Patna.

4. The D.I.G. B.M.P. Kendriya Mandal, Patna.

5. The Commandant, B.M.P. - 02, Dihri.

6. The Superintendent of Police, Sasaram.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Anil Kumar Sinha, Advocate For the State : Mr. Manoj Kumar (AC to GP-4)

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL JUDGMENT

Date : 05-01-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for the following relief/s:-

“I. To issue an appropriate order/s direction/s including a writ preferably in the nature of CERTIORARI for quashing the order dated 15-05-19 as contained in Memo No. 620/R.K. passed by the DIG, BMP, Ke. Ma. Patna whereby and where under has been affirmed the order passed by The Commandant B.M.P. -02, Dihri vide Police order NO. 1296/2018 vide letter dated 17-11-2018 by which the petitioner has been dismissed from her service having her constable No.

143.

II. To quash the police order No. 1296/2018 communicated by letter dated 17-11-2018 passed by the Commandant, B.M.P.2, Dihari by which the petitioner has been dismissed from her service having her constable No. 143.

III. To direct the respondents to re- instate the petitioner on the post of constable and make the payment of full pay and salary including arrears of salary if any.

IV. To any other relief/s to which the petitioner maybe found entitled in the facts and circumstance of the case.”

3. Learned counsel for the petitioner submits that the petitioner was selected on the post of Constable and joined on 01.08.2018 following the selection process and before going on training, she was given a verification form to fulfill the same which the petitioner filled up and submitted to the authority concerned on 05.07.2018. The petitioner sent to B.M.P-2, Dihri for getting her training. Counsel submits that the petitioner received a letter from the Commandant B.M.P-2, Dihri bearing Letter No. 3190 dated 11.10.2018 stating therein to submit a show cause within seven days. According to him, there was allegation against the petitioner that a suppression has been made in the said verification form. Counsel submits that the petitioner has filled up her verification form ignorantly and not deliberately. Counsel submits that the format of the verification form was not clear as per the knowledge of the petitioner and only due to this reason, she has filled up the said form in such a manner. Counsel further submits that subsequently, vide Police Order No. 1296/2018 dated 17.11.2018, the petitioner was dismissed from her service without considering her show cause. Thereafter, the petitioner filed an appeal before the Appellate Authority, but when no decision was taken, then the petitioner has filed writ petition before this Hon’ble Court bearing C.W.J.C. No. 5331 of 2019 which was disposed off vide order dated 08.04.2019 directing the Deputy Inspector General of Police to dispose off the appeal of the petitioner as expeditiously as possible and while deciding the appeal, all the grounds urged on behalf of the petitioner which has been noted in the present order shall be taken into consideration and order shall be passed in accordance with law within the stipulated time frame.

Thereafter, when the order was not passed then the petitioner preferred M.J.C petition bearing M.J.C. No. 2330 of 2019 which was disposed off by the Lok Adalat on 11.09.2021.

4. L