Remanded

Deepa Kumari v. The State Of Bihar

Patna HC23 Aug 2021CWJC/931/2019

Case brief

AI extract

What is this about?

The High Court disposed of four writ applications filed by police constables against their termination. Relying on a coordinate bench judgment, the court held the termination illegal and quashed the impugned orders without examining the merits, granting liberty to authorities to take appropriate action under law.

What did the court decide?

Impugned termination orders of probationer and permanent constables dated 04.11.2018 and Memo No.13625 are quashed. Liberty granted to authorities to take appropriate action in accordance with law.

Deepa Kumari Vs The State Of Bihar — Service and Employment | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17133 of 2019

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======================================================

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Shweta Kumari. daughter of Sri Guru Dayal Ray, resident of Village- Bihjadi, P.S.- Desari, District- Vaishali.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar.

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The Director General of Police, Bihar, Patna.

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Additional Director General of Police, (Head Quarter) Bihar, Patna.

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The Inspector General Of Police, Region, Patna.

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The Additional Inspector of Police, Central Range, Patna.

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The District Magistrate, Patna.

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The Senior Superintendent of Police, Patna.

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Superintendent of Police, (Town) West Patna.

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The Superintendent of Police, (Town) Middle, Patna.

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The Deputy Superintendent of Police, (Training), Navin Police Kendra, Patna.

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The Municipal Commissioner, Patna Nagar Nigam, Patna.

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The Executive Officer, Bankipur Anchal, Nagar Nigam, Patna-cum-deputed Magistrate.

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... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 931 of 2019 ======================================================

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Deepa Kumari D/o- Shiv Jee Sah R/o village- Dehariya, P.O.- Mahila, P.S. Itarhi, District- Buxar, Pincode- 802123.

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Jyoti Kumari D/o- Prabhu Jee Prasad R/o village- Arak, P.O. and P.S.Krishnabrahm, District- Buxar, Pincode- 802111.

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... ... Petitioner/s Versus

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The State Of Bihar throug the Principal Secretary, Home (Police) Department, Govt. of Bihar, Patna.

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The Principal Secretary, Home (Police) Department, Govt. of Bihar, Patna.

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The Director General of Police Patna, Bihar, Patna. 4. The Inspector General of Police, Patna Region, Patna.

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The Senior Superintendent of Police Patna.

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The Town Superintendent of Police, Western, Patna.

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The Town Superintendent of Police, Central, Patna.

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Patna High Court CWJC No.17133 of 2019(4) dt.23-08-2021 2/5

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The Rural Superintendent of Police, Patna.

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The Central Selection Board, Constable Employment through its Secretary, Bihar, Patna.

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... ... Respondent/s

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====================================================== with Civil Writ Jurisdiction Case No. 1572 of 2019

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====================================================== Neetu Kumari Mahatam Chaudhary R/o- Village- Uttarwar Barwan, P.O.Asaav,Uttarwar, District- Siwan.

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... ... Petitioner/s

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Versus

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The State Of Bihar and Ors The Principal Secretary, Home(Police) Department, govt. of Bihar,Patna

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The principal secretary,Home(Police) Department Home(Police) Department, govt. Of bihar, patna

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The Director General of Police bihar, patna

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The Inspector General of Police Bihar, Patna 5. The Senior Superintendent of police patna 6. The Town Superintendent of police Western patna 7. The Town Superintendent of police Central patna 8. The Rural Superintendent of police patna 9. The Chairman,The Central Selection Board Bihar, Patna.

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The Chairman The Central Selection Board of Constable, Patna

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The Secretary. Central Selection Board of Constable, Patna. ... ... Respondent/s

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====================================================== with Civil Writ Jurisdiction Case No. 21411 of 2019

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======================================================

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Suman Kumari Daughter of Shyamnandan Prasad Resident of VillageDaryiapur Chainpura, P.O. Dariypur, P.S. Naubatpur, District- Patna.

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... ... Petitioner/s Versus

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The State of Bihar through the Principal Secretary, Home(Police) Department, Government of Bihar, Patna.

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The Principal Secretary Home (Police) Department, Govt. of Bihar, Patna.

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The Director General of Police, Bihar, Patna.

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The Inspector General of Police, Patna Zone, Patna.

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The Senior Superintendent of Police, Patna.

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The Town Superintendent of Police, Western, Patna.

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Patna High Court CWJC No.17133 of 2019(4) dt.23-08-2021 3/5

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The Town Superintendent of Police, Central, Patna.

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The Rural Superintendent of Police, Patna.

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The Central Selection Board, constable Employment Through Secretary, Bihar, Patna.

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... ... Respondent/s

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===================== Appearance :	=================================
(In Civil Writ Jurisdiction Case	No. 17133 of 2019)
For the Petitioner/s :	Mr.Indu Bhushan, Advocate
For the Respondent/s :	Mr.Nadim Seraj. G.P.-5
For the PMC :	Mr. Md. Jawed Gaffar Khan, Advocate
(In Civil Writ Jurisdiction Case	No. 931 of 2019)
For the Petitioner/s :	Mr. Indu Bhushan, Advocate
For the Respondent/s :	Mr. Sanjay Pandey, Advocate
(In Civil Writ Jurisdiction Case	No. 1572 of 2019)
For the Petitioner/s :	Mr. Indu Bhushan, Advocate
For the Respondent/s :	Mr. Ajay Kumar, A.C. to G.P.-4.
(In Civil Writ Jurisdiction Case	No. 21411 of 2019)
For the Petitioner/s :	Mr.Binay Kumar Singh, Advocate
For the Respondent/s :	Mr.Md. Irshad Ali, A.C. to S.C.-1.

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======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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4 23-08-2021 Heard learned counsel for the parties concerned

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in all these writ applications.

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Altogether 164 probationer/permanent Constables

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were terminated from service on charges relating to an incident which took place in Police Line on 02.11.2018 which was subject matter of writ application filed by terminated Constables bearing C.W.J.C. No.23925 of 2018 along with its analogous cases before a Coordinate Bench. The Coordinate Bench of this Court has passed the following orders :-

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“56. In the present case, the question is that whether the action was merely a motive or foundation. it will be

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Patna High Court CWJC No.17133 of 2019(4) dt.23-08-2021 4/5

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appropriate to consider certain paragraph of the counter affidavit which has been filed by the City Superintendent of Police (Central), Patna. Paragraph nos. 4, 5, 6, 8, 9 of the counter affidavit gives the details of the incident took place. In paragraph no.10, it has been stated that criminal case has been lodged against erring police officials. In paragraph no.13 it has been stated that Zonal I.G. Patna perused the entire fact mentioned in the inquiry report and agreed with the opinion of the Senior Superintendent of Police, Patna, and subsequently Inspector General of Police, Patna Range, Patna, directed the Senior Superintendent of Police, Patna, to terminate all the answerable/guilty Police personnel, who were involved in such violent behaviour and consequently 164 newly appointed constables who were found unfit for discharging the duties of constables were terminated from the service vide order no. 4522/18 contained in memo no. 13624/R.O. dated 04.11.2018. Besides this, one Havaldar and three constables were also ordered to be dismissed from the police service under Section 311(2) of the Constitution of India

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So, the above statements itself show that action has been taken by way of punishment based on foundation act of violence in which 164 probationer constables were found involved have been terminated along with 4 permanent constables. They have not brought any material to show that their period of probation has been extended on account to their inefficient discharge of duty nor any record has been brought to show that the performance of the probationer constables was not upto the marks but, only real fact are coming out from the record that it is the incident, in which all the police personnel involved, was the foundation of termination of service of the probationer constables and their termination is held to be illegal and same is quashed.

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Conclusion.

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For the reasons stated hereinabove, this Court holds that action of the respondents cannot be approved. Accordingly, the impugned order of termination passed against probationer constables contained in Memo no. 13624 dated 04.11.2018 and order of termination passed against permanent constables contained in Memo No.13625 dated 04.11.2018 issued under the signature of Senior Superintendent of Police, Patna, are quashed. However, liberty is given to the authority, if they so like, they may take appropriate action in accordance with law and the rule applicable to them.”

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Learned counsel for the petitioners jointly submit

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Patna High Court CWJC No.17133 of 2019(4) dt.23-08-2021 5/5

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that these writ applications are fully covered by the judgment passed by Coordinate Bench of this Court in C.W.J.C. No.23925 of 2018 dated 03.05.2021 and accordingly, these writ petitions may be disposed in a similar terms.

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Learned counsel for the State does not dispute the submission advanced by the petitioners.

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Having heard learned counsel for the parties and the fact that the petitioners are similarly situated, these writ applications are disposed exactly in similar terms as decided by this Court vide Judgment dated 03.05.2021 passed in C.W.J.C. No23925 of 2018.

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(Anil Kumar Sinha, J)

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sanjeev/-

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Deepa Kumari v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Deepa Kumari v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

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