Dismissed

Updesh Kumar Dubey v. the State of Jharkhand through the Inspector General of Police

Jharkhand HC15 Jun 2022WPC/2947/2019

Case brief

AI extract

What is this about?

This court allowed an interlocutory application to implead the Secretary of the Department of Home, Prison and Disaster Management as Respondent No. 5, who is the competent authority under the Police Manual to dispose of the petitioner's revision application. Subsequently, the writ petition was disposed of as not pressed to enable the higher authority to decide the matter.

What did the court decide?

IA allowed; Secretary impleaded as Respondent No. 5; Writ petition disposed of as not pressed; Respondent No. 5 directed to dispose of revision date 21.01.2021 expeditiously.

Updesh Kumar Dubey Vs the State of… — Pension and Retirement Benefits | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W. P. (S) No. 2947 of 2019 With

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I.A. No. 4856 of 2022

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Updesh Kumar Dubey, aged about 41 years, son of Shri Yadunath Dubey, resident of village Banpurwa, P.O. Tildar, P.S. & District Garhwa, Jharkhand. … … Petitioner

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Versus

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The State of Jharkhand through the Inspector General of Police, Jharkhand Jaguar (S.T.F.), Dhurwa, P.O. & P.S. Dhurwa, District Ranchi.

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The Deputy Inspector General of Police, Jharkhand Jaguar (S.T.F.), Dhurwa, P.O. & P.S. Dhurwa, District Ranchi.

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The Superintendent of Police (Administration), Jharkhand Jaguar (S.T.F.), Dhurwa, P.O. & P.S. Dhurwa, District Ranchi.

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The Additional Superintendent of Police-cum-Enquiry Officer, Jharkhand Jaguar (S.T.F.), Dhurwa, P.O. & P.S. Dhurwa, District Ranchi.

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The Secretary, Home, Prison and Disaster Management, Govt. of Jharkhahd, H.E.C. P.O. & P.S. Dhurwa, District-Ranchi.

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… … Respondents

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CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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07/15.06..2022

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1. Learned counsel for the petitioner is present.

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2. Learned counsel for the respondents Ms. Pinky Tiwary is also present.

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3. This writ petition has been filed for the following reliefs: -

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“For quashing of the order contained in Memo No. 52 dated 08.01.2016 (Annexure-7) issued under the signature of the respondent Deputy Inspector General of Police, whereby and whereunder, the Appeal preferred by the petitioner as against the order of dismissal dated 27.03.2015 (Annexure-5) has been upheld.

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B. For quashing of the order as contained in Memo No. 1464 dated 27.03.2015 (Annexure-5) issued under the signature of Respondent-Superintendent of Police, whereby and whereunder the Disciplinary Authority in the Departmental Proceeding initiated against the petitioner vide Departmental Proceeding No. 40/2013 has been pleased to impose the severest punishment of dismissal from service to the petitioner.

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C. For quashing of the entire departmental proceeding contemplated against the Petitioner and Article of Charge/Imputation dated 10.10.2013 (Annexure-1) which

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has been based and dependant on the criminal cases instituted against the petitioner being Chainpur P.S. Case No. 124/2013 and 125/2013 wherein the petitioner after contesting and facing full-fledged trial by competent criminal court of jurisdiction has been acquitted. D. For a direction upon the respondent authorities to reconsider the order of punishment in view of the acquittal of the petitioner in the Criminal cases which is based upon the identical charges and has given arise to the initiation of the Departmental Proceeding and to consequently reinstate the petitioner with full back wages and continuity in service for the interregnum period. E. For impleadment of the proposed Respondent as Party Respondent No. 5 as the proposed respondent is the competent authority under Rule 851 and 853 (a) of the Police Manual to take a decision in the matter of revision as against the order of dismissal.”

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4. Learned counsel for the petitioner submits that the matter arises out of departmental proceedings and the petitioner has challenged the original order as well as the appellate order and in the present case.

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I.A. No. 4856 of 2022

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5. The order dated 08.06.2022 passed by this Court is quoted as

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under: -

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“Learned counsel for the parties are present.

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2. Learned counsel for the respondents submits that the petitioner has an appropriate remedy before the higher authority which he can pursue particularly in view of the fact that the petitioner has taken plea that he has been acquitted in the criminal case. She submits that instead of entertaining this writ petition, this matter may be duly considered by the appropriate authority upon filing of appropriate petition.

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3. Upon this, learned counsel for the petitioner prays for adjournment to seek instruction as to whether the petitioner has taken any steps before the higher authority in the matter of departmental proceedings pursuant to his acquittal by the criminal court.

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4. Post this case on 15.06.2022 under the same heading.”

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6. The learned counsel submits in terms of last order dated 08.06.2022, one interlocutory application being I.A. No. 4856/2022 has been filed bringing on record that after the appellate order, the petitioner has filed a representation before the Secretary, Department of Home, Prison and Natural Disaster Management, Government of Jharkhand, Ranchi, a copy of which has been annexed along with the interlocutory application and marked as Annexure-I.A.-2.

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7. Learned counsel for the petitioner submits that on account of the aforesaid fact, he has filed the present interlocutory application to make the Secretary, Department of Home, Prison and Natural Disaster Management, Government of Jharkhand, Ranchi having its office at HEC, P.O. & P.S. Dhurwa, District-Ranchi, Jharkhand as Respondent No.-5. He further submits that since the petitioner has filed the aforesaid petition for revision, he does not want to present the present writ petition at this stage and appropriate order be passed, so that the aforesaid matter may be decided at the earliest.

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8. Learned counsel for the petitioner has also submitted that the petitioner has filed the aforesaid revision on account of the fact that he has been acquitted in the criminal case. The learned counsel also submits that the said revision has been filed in terms of Rule 851 and 853 (a) of the Jharkhand Police Manual.

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9. Learned counsel for the respondents has no serious objection to the prayer made in the interlocutory application. 10. Considering the aforesaid submission made by the petitioner, I.A. No. 4856/2022 is hereby allowed. Accordingly, Secretary, Department of Home Prison and Disaster Management, Government of Jharkhand, Ranchi is directed to be impleaded as Respondent No. 5. The insertions as prayed for in paragraph 11 and 12 of the interlocutory application is directed to be inserted in the main writ petition by the learned counsel for the petitioner in red ink during the course of the day.

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W. P. (S) No. 2947 of 2019

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11. Paragraph 12 of I.A. No. 4856/2022 is quoted as under: -

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“ 12. “1(E) For impleadment of the proposed respondents as party respondent No. 5 in the instant case as the proposed Respondent is competent authority under Rule851 and 853(a) of the Police Manual to take a decision in the matter of revision as against the order of punishment of dismissal which has been upheld by the Appellate Authority.”

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12. Considering the aforesaid submission made by the petitioner regarding filing of revision under Rule-851 and 853(a) of the Police Manual before the Respondent No. 5 vide application dated

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21.01.2021, the present writ petition challenging the original order as well as the appellate order, is permitted to be not pressed at this stage. 13. Accordingly, the present writ petition is disposed of as not pressed.

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14. The Respondent No.5 is directed to dispose of the aforesaid revision application dated 21.01.2021 in accordance with law as expeditiously as possible. If the said revision application has already been disposed of, no fresh order need be passed and a copy of such order be forwarded to the petitioner.

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15. However, it is observed that disposal of this writ petition on account of being not pressed will not prejudice the case of the petitioner before the Respondent no.5 , in any manner whatsoever.

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16. Pending interlocutory application, if any, is closed.

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(Anubha Rawat Choudhary, J.)

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Mukul

Updesh Kumar Dubey v. the State of Jharkhand through the Inspector General of Police

Case brief

What is this about?

What did the court decide?

Updesh Kumar Dubey v. the State of Jharkhand through the Inspector General of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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