IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10839 of 2024 ======================================================

Manoj Kumar Yadav son of Late Balbachan Yadav, resident of Village-

Dhamar, P.S.-Ara Muffasil, District-Bhojpur Ara.

... ... Petitioner/s Versus

1. The State of Bihar through the Home Secretary, Government of Bihar, Patna.

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

3. The Inspector General of Police, Sahabad Region, Sahabad, District Bhojpur.

4. The Deputy Inspector General of Police, Sahabad Range, Dehari-on-Sone, Bihar, Patna.

5. The Superintendent of Police, Buxar, District-Buxar.

6. The Superintendent of Police, Rohtas, District-Rohtas.

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

Appearance :

For the Petitioner/s : Mr. Subodh Kr. Jha, Advocate Mr. Sarveshwar Tiwary, Advocate For the State : Mr. Government Advocate 7 Mr. Abhinav Ashok, (AC to GA-7)

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL JUDGMENT

Date : 09-02-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for issuance of an appropriate writ/writs and order/orders in the nature of certiorari for the following relief/s:-

“I. For quashing the order bearing Buxar district Order No.342/23 issued vide Memo No. 996 dated 25.03.2023 under the signature of Superintendent of Police, Buxar (Respondent No.5) by which the Respondent No.5 i.e. Superintendent of Police has passed dismissal order against the petitioner without considering the fact that the petitioner was exonerated by conducting officer in its report when the Departmental proceeding was initiated on the basis of criminal case against the petitioner. The order of dismissal is passed by Respondent No.5 against the petitioner is totally arbitrary, against the Principle of Natural Justice as enumerated under Bihar C.C.A. Rules, 2005 and fit to be set aside.

II. For quashing of the appellate order bearing Buxar district Order No. 919/2023 passed by Deputy Inspector General of Police, Sahabad Range, Dehari-on-Sone (Respondent No.4) issued vide Letter No. 1765 dated 09.06.2023 communicated to Superintendent of Police, Buxar and Superintendent of Police, Buxar issued vide Memo No.2569 dated 09.08.2023 to the petitioner by which the appeal of the petitioner was rejected by Respondent No.4 in most mechanical way without considering the points raised in the memo of appeal and as much as the law in this regard.

III. For quashing of the Memorial order Memo No. 2057 dated 18.06.2024 issued and communicated from the office of Superintendent of Police, Buxar passed by Respondent No.2, by which the memorial application filed by the petitioner has been rejected by Respondent No.2 without considering facts and law.

IV. For issuance of an appropriate writ/writs and order/orders in the nature of mandamus for directing and commanding the respondents that for setting aside the orders of dismissal as well as appellate orders and memorial orders, restore the service of the petitioner with all legal consequential and financial benefits to the petitioner for the ends of justice and equity.

V. Further for any other relief or reliefs for which the petitioner is entitled in the facts and circumstances of this case.”

3. Learned counsel for the petitioner submits that the petitioner was a Police Constable when he was posted as a member of Riot Control, Kewati House No. 1061 force, with a view to control the riot. The petitioner was leaving in a girls middle school, Bikramganj, Rohtas. On the complaint of Head Master of the school, FIR has been lodged bearing Bikramganj P.S. Case No. 534 of 2019 lodged under I.P.C as well as POCSO Act. Counsel submits that after lodging of the said FIR, the petitioner was taken into custody and suspended from the service. Thereafter, the petitioner was released on bail and then transferred and directed to join in the district