IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2016 of 2023 ======================================================

Raju Kumar Jha @ Raju Jha Son of Kailash Jha Resident of Mohalla- Kumhrar, D, Shanti Market, Teacher Colony, P.O.- Bahadurpur Housing Colony, P.S.- Agamkuan, District- Patna.

... ... Petitioner/s Versus

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

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

3. The Additional Director General of Police, (Bazette, Appeal and Welfare), Bihar, Patna.

4. The D.I.G. of Police, Shahabad Range, Dehri-On-Sone.

5. The S.P., Kaimur at Bhabhua.

6. The S.P., Rohtas.

7. The Sub-Divisional Police Officer, Mohania, Kaimur (Bhabua).

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

Appearance :

For the Petitioner/s : Mr. Bindhyachal Singh, Sr. Advocate : Mr. Ramakant Singh, Advocate : Ms. Sandhya Kumari, Advocate For the Respondent/s : Mr. Manish Kumar, GP-4 : Mr. Manoj Kumar, AC to GP-4 ======================================================

CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR

CAV JUDGMENT

Date : 12-02-2026 Heard the parties.

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

“for issuance of appropriate writ, order or direction to set aside the order of dismissal dated 31.07.2021 (Annexure-7) passed by S.P., Kaimur and order of dismissal dated 24.08.2021 (Annexure-8) passed by S.P., Rohtas and order of D.I.G. of Police, Shahabad Range, Dehri- on-Sone dated 24.12.2021 (Annexure-10) by which appeal of the petitioner has been rejected and order of Director General of Police, Bihar, Patna dated 29.08.2022 (Annexure-12) by which memorial of the petitioner has been rejected and for grant of all consequential benefits.”

3. At the outset, the learned senior counsel for the petitioner submits that the petitioner was appointed as a Constable in the district of Kaimur on 06.08.2013 and he was working to the satisfaction of the authorities concerned. No complaint whatsoever was made against the petitioner. All of a sudden, a complaint was made against the petitioner and sargeant major Santosh Kumar Ojha for managing posting after taking money and for cutting down and transporting Seesam tree from the Police Line to Saw Mill for personal benefits. Accordingly, Memo of Charge was served upon the petitioner wherein altogether five charges were levelled. The charge was to the effect that the petitioner is taking money in lieu of choice posting from others and for cutting Seesam tree from the Police Line without any authority for his personal gain. On the basis of the above-mentioned charges, departmental proceeding was initiated against the petitioner and he was directed to file his show cause reply. The petitioner submitted his show-cause reply wherein he denied all the charges levelled against him, with request to exonerate the petitioner of the charges levelled against him. The Presenting Officer and the Enquiry Officer were appointed and the Enquiry Officer proceeded to enquire on all the five charges levelled against the petitioner.

4. It has been submitted by the learned senior counsel for the petitioner that after examination of the prosecution witnesses, the petitioner submitted his last show cause reply before the Enquiry Officer, wherein he denied all the charges levelled against him. The Enquiry Officer after conducting the enquiry, including taking evidences of different prosecution witnesses, giving an opportunity to the petitioner to cross-examine the prosecution witnesses, submitted his enquiry report before the disciplinary authority on 31.03.2021, wherein he came to the conclusion that all the charges levelled against the petitioner have been found to be proved. The disciplinary authority issued second show cause notice to the petitioner with a direction to submit his reply within ten days. In compliance thereof, the petitioner submitted his show cause reply, through proper channel, wherein he