IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10670 of 2020

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Lal Babu Manjhi S/o-Late Narayan Manjhi Resident of Village-Bargachiya,

PS-Thawe, District-Gopalganj

... ... Petitioner/s

Versus

1.

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

2.

D.G. of Police Bihar Patna

3.

A.D.G. (Law and Order) Bihar Patna.

4.

D.I.G. Saran Range Chapra

5.

S.P. Siwan

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Ebrahim Kabir, Advocate

Ms. Shruti Sinha

For the Respondent/s

:

Mr. N.H. Khan, SC-I

Ms. Babita Kumari, AC to SC-I

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

ORAL JUDGMENT

Date : 09-03-2022

Heard the learned counsels for the parties.

2. In the instant petition, petitioner has prayed for

following reliefs:

“That this is an application

for issuance of an appropriate writ order or

direction for quashing memo no-

985/Ra.Ka. dt.-24-02-2020 issued by S.P.

Siwan whereby in the light of order of

dismissal passed by the D.I.G. Saran

Range Chapra vide Range Order No.-

45/2020 memo no-535/Go dt.- 22-02-2020

the petitioner has been dismissed from

service Annexure- 4 and also ordering

respondents to produce range order no. -

45/20 memo no- 535/Go dt. - 22-02-2020

issued by D.I.G. Saran Range Chapra

whereby petitioner has been dismissed

from service as copy of the same has not

been supplied to petitioner and then to

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quash the same also quash the order of

S.P. Siwan memo no. - 2814/Ra.Ka. dt.-

12-07-20 Annexure-6 in which he has

informing that A.D.G. (Law and Order)

Bihar Patna has rejected the appeal of

petitioner ordered for making district order

and also for ordering respondents to

produce letter no. - Vi. Vaya-Go/Appeal

Abhyavedan- 12/2020/101 dt 08-06-2020

whereby appeal of petitioner has been

rejected and then to quash the same as said

order has not been supplied to the

petitioner and to reinstate the petitioner

with all consequential benefits.”

3. The petitioner was appointed to the post of

Constable on 22.01.1990 and he has earned promotion to the

post of next higher post. While he was working in the cadre of

Assistant Sub-Inspector, he was involved in a case relating to

offences under Section 37(B)/37(C) of Bihar Prohibition &

Excise Act, 2018 and the case was registered at Muffasil

(Mahadeva Out Post) Police Station Case No. 76 of 2020 dated

16.02.2020. He was arrested and released on bail on 17.02.2020.

Arising out of the aforesaid incident, the disciplinary authority

proceeded to issue memo on 17.02.2020. Thereafter, proceeded

to dismiss the petitioner from service on 24.02.2020.

4. Feeling aggrieved and dissatisfied with the order

of dismissal, petitioner preferred appeal before the appellate

authority on 04.03.2020. The appellate authority confirmed the

order of the disciplinary authority on 08.06.2020. Thus,

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petitioner has presented this petition in questioning the orders of

the disciplinary authority as well as appellate authority.

5. Learned counsel for the petitioner submitted that

petitioner is a permanent employee of the Police Department of

State of Bihar. Before imposition of any major penalty, he

should have been subjected to disciplinary proceedings.

Disciplinary authority resorted to short circuit method in

dismissing the petitioner while invoking Article 311 of the

Constitution and it was affirmed in appeal.

6. Learned counsel for the petitioner submitted

that disciplinary authority has not recorded impracticability to

hold enquiry in respect of alleged allegations levelled against

the petitioner in respect of the fact that the petitioner stated to

have