Partly allowed

Prabhakar Pathak v. The State Of Bihar and Ors.

Patna HC16 May 2014L.P.A/677/2014

Case brief

AI extract

What is this about?

This appeal challenges observations made against the appellant, an investigating officer. The High Court allowed the appeal to the extent of suspending the adverse observations until the lower court affords the appellant a reasonable opportunity to be heard.

What did the court decide?

The adverse observations made against the appellant were kept in abeyance pending a hearing to give the appellant an opportunity of showing cause.

Prabhakar Pathak Vs The State Of Bihar and Ors. — Writ and Judicial Review | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.677 of 2014 In

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Civil Writ Jurisdiction Case No. 2724 of 2013

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====================================================== Prabhakar Pathak, son of Shri Sidheshwar Pathak, resident of village Barwan, P.O.Ashon, Police Station-Andar, District Siwan. .... .... Appellant/s Versus

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The State of Bihar, through the Principal Secretary, Ministry of Human Resources, Govt. of Bihar, Patna

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The District Magistrate, Gopalganj

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The District Education Officer, Gopalganj

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The District Programme Officer (Establishment), Gopalganj

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The Block Education Officer, Gopalganj

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The Panchayat Sachiv, Panchayat Raj Bishunpur East, Block Goopalganj, District Gopalganj

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The Mukhiya, Panchyayat Raj Bishunpur East, Block-Gopalganj, District Gopalganj

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Suman Kumari, wife of Sri Ajay Pandey, resident of village Karnpura, P.O. Karwatahi Bazar, Police Station-Gopalpur, District Gopalganj

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Pradeep Nath Tiwary, (Ex-Judicial Officer of Bihar), Near Rustampur Dhala, East Wall of Electricity Board Office, P.O. Rustampur, P.S. Khorabag, District Gorakhpur (UP)

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.... .... Respondents/Respondents

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Prakash Narayan, son of Sri Rama Kant Singh, resident of MohallaHaziapur Road, Ward No.11, Police Station-Gopalganj, District Gopalganj

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……… Petitioner/Respondent

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====================================================== Appearance : For the Appellant : Mr. Bindhyachal Singh and Mr. Atul Kumar Pandey

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For the Respondents : None

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====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI and HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE I. A. ANSARI)

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Patna High Court LPA No.677 of 2014 (2) dt.16-05-2014

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Heard Mr. Bindhyachal Singh, learned counsel for the appellant. None has appeared on behalf of the respondents.

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2 16-05-2014

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This Letters Patent Appeal arises out of the observations, which have been made by a learned single Judge of this Court, in the order, dated, 10.3.2014, passed in C.W.J.C.No. 2434 of 2013, wherein the learned single Judge has made certain observations against the appellant, which, according to the appellant, could not have been made without giving him an opportunity of having his say in the matter. The observations, which the appellant feels aggrieved by and which has become the subject of grievance in this appeal, read as under:

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“Pursuant to the aforesaid earlier order of this Court dated 6.2.2014, Mr. Prabhakar Pathak, Investigating Officer, has appeared before this court and has produced the case diary. According to him, he is not in a position to complete investigation due to lack of original records and that

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Patna High Court LPA No.677 of 2014 (2) dt.16-05-2014

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now since the Lok Sabha election is going to be held soon, he cannot conclude the investigation in the period of next three months.

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In the circumstances, this court has no difficulty in holding that the aforementioned investigating officer is wholly incompetent and has not been able to do the job satisfactorily. This Court however would not like to add anything further but must indicate that when the aforesaid investigating officer could zero his investigation about the role of the employees of the Tribunal in the alleged forgery and also had interrogated certain other persons, it was his job to also ensure that he had arrived at some firm conclusion, within a period of more last one month. He however has not been able to do anything substantial and, therefore, this Court would direct the Superintendent of Police, Gopalganj to immediately relieve Mr. Prabhakar Pathak, the investigating officer and

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Patna High Court LPA No.677 of 2014 (2) dt.16-05-2014

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to send him to police line by stripping him off from undertaking investigation in any police case till further orders of this Court.”

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Having read, in general, the order, dated 10.3.2014, which stands impugned in the present appeal, and the impugned observations, in particular, we are in agreement with the learned counsel, appearing on behalf of the appellant, that before making the observations, which have been made against the appellant and before directing action to be taken against him by removing him from the investigation of the case, the learned single Judge ought to have given an opportunity to the appellant to have his say.

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Situated thus, it would be, in our considered view, in the interest of justice, if this appeal be allowed to the extent that the observations made, which have been quoted above, shall not be acted upon until the time the matter is heard by the learned single Judge

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Patna High Court LPA No.677 of 2014 (2) dt.16-05-2014

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upon giving reasonable opportunity of showing cause, if any, to the appellant.

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In the result and for the foregoing reasons, while directing the observations, which we have reproduced above, to be kept in abeyance, we remit the matter to the learned single Judge for doing, in accordance with law, what may be deemed necessary.

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In terms of the observations and directions, this appeal is disposed of.

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(I. A. Ansari, J)

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(Ashutosh Kumar, J)

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A.I./-

Prabhakar Pathak v. The State Of Bihar and Ors.

Case brief

What is this about?

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Prabhakar Pathak v. The State Of Bihar and Ors.

Case brief

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