IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.65 of 2025 In Civil Writ Jurisdiction Case No.7533 of 2023 ======================================================

Vijay Kumar Son of Shubhuk Lal Yadav Resident of Village-Adavari, Maheshkhut, Chautham, P.S.-Chautham, District-Khagaria, PIN-851213.

... ... Appellant Versus

1. The State of Bihar through the Additional Chief Secretary, Home Police Department, Government of Bihar, Patna.

2. The Additional Chief Secretary, Home (Police) Department, Government of Bihar, Patna.

3. The Deputy Secretary, Home (Police) Department, Government of Bihar, Patna.

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

5. The Inspector General of Police (Headquarter), Bihar, Patna.

6. The Deputy Inspector General of Police (Personnel), Bihar, Patna.

7. The Inspector General of Police, Darbhanga Range, Darbhanga.

8. The Inspector General of Police, Modernization, Bihar, Patna-cum-Enquiry Authority.

9. The Superintendent of Police, Samastipur.

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

Appearance :

For the Appellant/s : Mr. Akshansh Ankit, Advocate Mr. Monis Ahmod, Advocate For the State : Mr. P.K. Verma, Sr. Advocate Mr. Sanjay Kumar Ghosarvey, AC to AAG-3 ======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 26-02-2026 This Letters Patent Appeal has been filed by the appellant Vijay Kumar, who was the petitioner in the writ petition, challenging the order dated 20.12.2024 passed by the learned Single Judge in C.W.J.C. No. 7533 of 2023.

2. The aforesaid writ petition was filed by the appellant seeking the following relief:

“For issuance of a Writ in the nature of certiorari to quash the Resolution as contained in Memo No. 10819 dated 26.10.2022 issued under the signature of Deputy Secretary, Home (Police) Department, Government of Bihar, Patna whereby and where under the punishment of censure (Nindan) (w.e.f. allegation year) and withholding the two increments with non cumulative effect has been inflicted upon the petitioner and further for quashing the resolution as contained in Memo No.3253 dated 7.3.2023 issued under the signature of same very officer i.e., Deputy Secretary, Home Police Department, Bihar, Patna whereby and where under departmental appeal/ review petition of the petitioner has been rejected on erroneous grounds as well as on wrong facts which has been communicated to the Commandant, Bihar Special Armed Police (hereinafter referred as BSAP) Headquarter. Patna vide letter no.794 dated 16.3.2023 and subsequently same has been communicated to the petitioner by the Commandant, BSAP-9, Jamalpur vide memo no.37 dated 22.03.2023 and further directing the respondent authorities to issue integrity certificate of the petitioner and further for issuance of any other appropriate writ/writs, order/orders it may deem fit and proper by this Hon'ble Court.”

3. It is the case of the petitioner that vide Letter No. 862 dated 28.05.2019, Crime Investigation Department, Bihar, Patna asked the Deputy Inspector General of Police, Darbhanga Range, Darbhanga to submit Performance Report of the S.D.P.Os. of the said range and pursuant thereto, the Deputy Inspector General of Police, Darbhanga Range vide Memo No. 1201 dated 28.05.2019 asked the Superintendent of Police, Samastipur to submit reports regarding performance of S.D.P.Os. of Samastipur District.

From the report of the Superintendent of Police, Samastipur, it revealed that the total number of Special Reported Cases (for brevity ‘S.R. Case’) on the date of joining of the petitioner was ‘101’ and showed the increasing of pendency as ‘135’, which was corrected by the Superintendent of Police, Samastipur as prosecution witnesses during conduction of the departmental enquiry and disclosed therein that 120 SR cases were pending on the date of joining of the petitioner which became ‘133’, meaning