Petitioner challenged dismissal from Bihar Police post as arbitrary following previous remand. Court observed that procedural requirements met under prior liberty and found no basis for interference, leading to dismissal of petition.
Writ petition dismissed; no relief of reinstatement or quashing granted.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4939 of 2018
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Virendra Yadav Son of Late Ram Sarida Yadav, Resident of Gram-Gopalpur, P.S.- Sahpur, District- Bhojpur Arrah.
... ... Petitioner/s
Versus
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhinav Srivastava, Adv For the Respondent/s : Mr.Sheo Shankar Prasad- Sc8 ======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
4 15-01-2024
Heard learned counsel for the petitioner and counsel
for the State.
Patna High Court CWJC No.4939 of 2018(4) dt.15-01-2024 2/6
payment of all consequential benefits shall be made including the benefit of seniority and payment of salary. It has also been prayed that inflicting the punishment of dismissal for service is arbitrary, unreasonable and untenable in the eyes of law.
Patna High Court CWJC No.4939 of 2018(4) dt.15-01-2024 3/6
petitioner has filed a show-cause, and thereafter, final order has been passed on 09.10.2017 by the Director General of Police, Patna vide memo no. 114/32617/L-1 dated 12.10.2017.
Patna High Court CWJC No.4939 of 2018(4) dt.15-01-2024 4/6
observe that there are four discrepancies which is as follows:
Patna High Court CWJC No.4939 of 2018(4) dt.15-01-2024 5/6
the observation made by this Hon'ble Court in the earlier order dated C.W.J.C. 2806 of 2014, the Office of Director General of Police has issued a show-cause in which the reasons for disagreement with the finding of the Disciplinary Authority has been specifically assigned.
Patna High Court CWJC No.4939 of 2018(4) dt.15-01-2024 6/6
transpires that the said complainant has no where mentioned that her allegation is incorrect from the content of the reading of the alleged withdrawal letter, it transpires that she is still sticked on her allegations, but only looking the status of the delinquent, she wanted to withdraw and in disciplinary proceeding there is no such provisions available in law and the reasons assigned in the final order are completely consistence with the allegation made in the complaint petition, and therefore, this Court is of the opinion that there is no interference required in the order and therefore, this writ petition stands dismissed.
(Dr. Anshuman, J)
Sunnykr/-
U
3 issues framed by the court
Whether the dismissal of the petitioner from service as constable in the Bihar Police was arbitrary and not in accordance with the rules of natural justice?
Whether the recall of previous leave to reinstate the petitioner and imposition of dismissal punishment was legal?
Whether the High Court is justified in dismissing the writ petition seeking quashing of the punishment order?
Virendra Yadav
The State Of Bihar
Director General of Police, Bihar, Patna
Dr. Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
