IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4721 of 2022 ======================================================

Vinod Roy Son of Late Bhim Roy Resident of Village- Darahpur, P.O.-

Churamanpur, P.S.- Audhyogik Churamanpur, District- Buxar (Bihar).

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Home Department, Govt.

of Bihar, Patna.

2. The Principal Secretary, Home Department, Govt. of Bihar, Patna.

3. The Director General of Police, Bihar, Patna.

4. The Inspector General of Police (Prohibition), Bihar, Patna.

5. The Deputy Inspector General of Police, Railway, Bihar, Patna.

6. The Superintendent of Police, Railway at Muzaffarpur, District-

Muzaffarpur, Bihar.

7. Enquiry Officer-cum-Senior Deputy Superintendent of Police, Railway Sonepur.

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

Appearance :

For the Petitioner/s : Mr. Raju Giri, Senior Advocate Mr. Harsh Vardhan, Advocate Mr. Harsh Raj, Advocate Mr. Chetan Anand, Advocate For the State : Mr. Ajay Kumar (AC to GP-4)

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL JUDGMENT

Date : 19-01-2026 Heard learned Senior counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for the following reliefs:-

“I. To issue an appropriate writ / order / direction, in the nature of Certiorari, quashing the enquiry report dated 30.09.2018 submitted by the Enquiry officer-cum- Senior Superintendent of Police, Railway sonepur in departmental proceeding no. 29/17 (Rail, Muzaffarpur), as contained in Annexure – 7.

II. To issue an appropriate writ / order / direction, in the nature of Certiorari, for quashing order dated 30.10.2018 passed by the Superintendent of Police, Railway Muzaffarpur, by which the pay of the petitioner has been reduced to basic pay (grade pay) .i.e. from Grade pay of Rs. 2800/- (level-5) to Grade pay of Rs. 2000/- (level 3) for five years and the petitioner would not receive the pay of his suspension period from 3.07.2017 to 19.07.2017 except the subsistence allowance which he has been paid as contained in Annexure-10.

III. To issue an appropriate writ / order / direction, in the nature of certiorari for quashing the order dated 25.12.2021 passed by the Director General of Police, Bihar, Patna in purported exercise of power under Rule 853 A (a) of the Bihar Police Manual, 1978 (vol-1) by which the petitioner has been dismissed from service.

IV. To issue an appropriate writ / order / direction, in the nature of mandamus commanding the respondents to reinstate the petitioner in Bihar Police Service with all consequential benefits.

V. To any other relief or reliefs for which the Petitioner is found to be entitled in the facts and circumstances of the case.”

3. Learned Senior counsel for the petitioner submits that the petitioner was appointed as a Police Constable in the Bihar Police on 01.06.1999. At the relevant period, he was posted in the Bihar Police Rail at Muzaffarpur in the year 2010. He further submits that the petitioner was made accused in Jainagar P.S. Case No. 179 of 2017, which resulted in his arrest and suspension, and finally a disciplinary order was passed following the charge and enquiry report, contained in Memo No. 2674 dated 30.10.2018 (Annexure-10). He further submits that the petitioner has not challenged the said order in appeal, but he has received a letter indicating that the higher authority has proposed his dismissal from service. He further submits that it is true that the higher authority may take such decision in accordance with Rule 853 A (a) of the Bihar Police Manual, 1978 (hereinafter referred to as the ‘Rules of 1978’), but submits that such decision, to exercise the said power, has to be made within a reasonable period of time. Senior counsel submits that what constitutes a reasonable time has been decided by this Hon’ble Court in a series of cases, particularly vide