The Patna High Court dismissed an appeal by a dismissed police constable seeking reinstatement based on mental illness. The bench held the appeal was devoid of merit and dismissed it in limine.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.139 of 2013 In
Civil Writ Jurisdiction Case No. 20005 of 2012 With Interlocutory Application No. 916 of 2013 In
Letters Patent Appeal No. 139 of 2013
====================================================== Sudhir Kumar Chaudhary, son of Late Ram Snehi Chaudhary, resident of village -Charaun, P.O.-Naugarhi, P.S.-Mufassil, Distt-Munger.
.... .... writ petitioner/Appellant Versus
.... .... Respondents/ Respondents
====================================================== Appearance : For the Appellant : Mrs. Pravina Kumari Mr. Arun Kumar Singh, Advocates. For the Respondents : Mr. Dhirendra Kumar, A.C. to AAG 14 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
Interlocutory Application stands disposed of.
Re.: Letters Patent Appeal 139 of 2013: Feeling aggrieved by the order dated 30th October 2012 made by the learned single Judge in CWJC No. 20005 of 2012, the writ petitioner has preferred this Appeal under Clause 10
Patna High Court LPA No.139 of 2013 (3) dt.19-02-2013
2 / 2
of the Letters Patent.
The appellant, a police constable, has been dismissed from service as early as on 25th November 2006 for remaining absent from duty without leave for 139 days. The order of dismissal has been upheld in the departmental appeal and in the memorial. Five years thereafter the appellant has approached this Court under Article 226 of the Constitution to challenge the order of dismissal. The learned single Judge has rejected the writ petition. Therefore, this Appeal.
Learned Advocate Mr. Arun Kumar Singh appears for the appellant. He has submitted that having regard to mental illness suffered by the appellant; the family dependant upon the appellant and in view of the judgment of the Hon’ble Supreme Court in the matter of Shri Bhagwan Lal Arya v. Commissioner of Police, Delhi & Ors. [ (2004) 4 SCC 560] this Court should grant indulgence and reinstate the appellant in service.
We see no merit in this Appeal. Appeal is dismissed
in limine .
(R.M. Doshit, CJ)
(Ahsanuddin Amanullah, J)
Sujit/-
1 issue framed by the court
Whether an appeal for reinstatement in service should be granted invoking the doctrine of indulgence for a police constable dismissed for absence and suffering from mental illness.
Colour shows how this judgement treated each authority
Shri Bhagwan Lal Arya v. Commissioner of Police, Delhi & Ors.Referred¶24
Shri Bhagwan Lal Arya v. Commissioner of Police, Delhi & Ors. [ (2004) 4 SCC 560] · Who else cites this
Sudhir Kumar Chaudhary
State of Bihar
R.M. Doshit
Ahsanuddin Amanullah
As recorded by the court registry
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