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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4818 of 2023

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Rakesh Kumar S/o- Ram Awatar Paswan, Resident of Village- Ugahani, P.S.-

Chennari, District- Rohtas. ... ... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. D.G. of Police Bihar, Patna.

3. D.I.G. Saran Range Chapra.

4. S.P. Siwan

5. S.P. Gopalganj.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Ebrahim Kabir, Advocate

: Ms. Shruti Sinha, Advocate

For the State : Md. N.H. Khan, SC-1

: Md. Fazle Karim, AC to SC-1

: Md. Harun Quareshi, AC to SC-1

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CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR

ORAL JUDGMENT

Date : 05-02-2026

Heard the parties.

I.A. No. 01 of 2024

2. The present interlocutory application has been filed

for amendment in the prayer made in the writ petition since

during the pendency of the writ petition, the representation of

the petitioner for his reinstatement in view of his acquittal in the

criminal case, has been rejected by the Dy. S.P. (Reserve),

Police Line, Siwan vide his order contained in Memo No.

2511/RG Ka dated 28.06.2024.

3. The learned counsel for the State has no objection

to the said interlocutory application.

4. In view of the above, I.A. No. 01 of 2024 is

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allowed and the prayer made therein will be treated to be part of

the prayer made in the writ petition.

C.W.J.C. No. 4818 of 2023

5. The present writ petition has been filed for the

following reliefs:-

“for issuance of an appropriate writ

order or direction for quashing letter no.

1383/Go. dated 25-10-2022 issued by

D.G. of Police Bihar Patna whereby has

passed order of dismissal from service

against the petitioner i.e. Annexure-

and also for quashing consequential

order of S.P. Siwan Memo No.

3810/Ra.Ka. dated 07-11-2022 i.e.

Annexure- and S.P. Gopalganj memo no.

2546/Ra.Ka. dated 15-11-2022 i.e.

Annexure- whereby petitioner has been

dismissed from service and for all

consequential benefits or for any other

order or orders which this Hon’ble may

deem fit and proper under the

circumstances of this case.

For a further direction for quashing

Memo No. 2511/RG KA dated

28.06.2024 issued by Dy. S.P. (Reserve)

Police Line Siwan where by the

representation of the petitioner praying

to reinstate the petitioner in service in

light of his acquittal in Mairwan P.S.

Case No. 187 of 2018 in Ex. Trial No.

967/2020 by learned Court below

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Judgment dated 04.01.2024 has been

rejected saying that it is not Honourable

acquittal, which is illegal and to

reinstate the petitioner with full

consequential benefits.”

6. The learned counsel for the petitioner submits that

the petitioner was appointed on the post of Constable and

accordingly he gave his joining on 20.08.2013 in the Siwan

District Police Force. He was performing his duties to the

satisfaction of the authorities concerned, but all of a sudden vide

Memo No. 2255/Ra.Ka. Dated 14.06.2018 issued under the

signature of the Superintendent of Police, Siwan, he was

proceeded with departmentally and charge memo was served

upon him. It has been submitted by the learned counsel for the

petitioner that while he was posted at S.B.I. Main Branch,

Siwan as Reserve Guard, then on 27.05.2018 at 14:00 hours, he

proceeded to the Police Line, Siwan, after informing the guard

posted there, but he was found to be intoxicated state and two

bottles of liquor was also seized for which Mairwa P.S. Case

No. 187 of 2018 dated 27.05.2018 was instituted and the

petitioner was sent to judicial custody. The petitioner was put

under suspension and departmental proceeding was directed to

be initiated against him.

7. The learned counsel for the petitioner further

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submits that the Superintendent of Police, Siwan while issuin