IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5919 of 2020

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Gaurav Kumar S/o Late Satish Kumar Yadav R/o Vill and P.o.- Dal sagar, P.s.-

Industria Ara, Buxar, District- Buxar

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Home (Police) Department,

Govt. of Bihar, Patna

2.

Director General cum Inspector General of Police, Bihar, Patna

3.

Deputy Inspector General, Magadh Range, Gaya

4.

Senior Superintendent of Police, Gaya

5.

Chairman, Central Selection Board (constables appointment), Bihar, Patna

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Ram Yash Singh, Advocate

For the Respondent/s

:

Mr. Sheo Shankar Prasad, SC 8

Mr. Anil Kumar, for State, AC to SC 8

For C.S.B.C

:

Mr. Sanjay Pandey, Advocate

Mr. Binod Kumar Mishra, Advocate

Mr. Vivek Anand Amritesh, Advocate

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

ORAL JUDGMENT

Date : 29-03-2022

Heard learned counsel for the parties.

2. In the instant petition, petitioner has prayed for the

following relief/reliefs:

“(i) For issuance of an appropriate writ (s)/

direction (s)/ order (s) for setting aside the order

passed by Senior Superintendent of Police, Gaya vide

his Memo No. 3741/R.O. dated 30.10.2015,

corresponding District Order no. 2387/2015 by which

the services of the petitioner was abruptly terminated

from retrospective effect of 17.10.2015, without

initiating any departmental proceeding or issuing any

show cause notice to the petitioner.

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(ii) For setting aside the order passed by

the appellate authority, D.I.G, Magadh Range, Gaye

contained in his letter No. 403/G.s. dated 11.04.2018,

by which the appellate authority rejected the appeal of

the petitioner in the most mechanical order without

applying his mind.

(iii) For setting aside the order passed by

the Director General cum Inspector General of Police,

Bihar Patna contained in his letter No. 48/453844/L-1

dated 17.01.2020 of by which the memorial of the

petitioner has been rejected on technical grounds,

without considering the merit of the case and without

considering the points raised by the petitioner.

(iv) For setting aside the order passed by

Central Selection Board (constable’s appointment)

Bihar, Patna, vide its letter No. 1133/KHP dated

17.10.2015 by which Sr. S.P. Gaya was directed to file

a criminal case against the petitioner for using ‘Blue

Tooth’ during the written examination held for

constable’s appointment so that his appointment could

be nullified.

(v) For appropriate declaration that the

order of termination from the retrospective effect is

nullity in the eye of law as such it never existed or in

the alternative.

(iv) For a follow up direction to the

respondent authorities to re – instate the petitioner with

all consequential benefits.

(vii) For any other relief/consequential

reliefs to which the petitioner is entitled in the facts

and circumstances of the case.”

3. On 10.01.2022, following order was passed:

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“List this matter on 17.01.2022 so as to

enable the State counsel to ascertain whether before

order of termination enquiry has been held or not?”

4. Learned counsel for the petitioner on instruction from

the disciplinary authority submitted that before passing of

impugned order no enquiry was held. In the light of the aforesaid

submission, the petitioner has made out a case.

5. Accordingly, impugned orders dated 30.10.2015,

11.04.2018, 17.01.2020 and 17.10.2015 stand set aside. Writ

petition is allowed reserving liberty to the respondents to initiate

enquiry and complete within a period of four months from the date

of receipt of this order.

GAURAV S./-

(P. B.