Disposed¶36

Ajit Kumar Roy v. The State of Bihar

Patna HC13 Jul 2026CWJC/613/2025

Case brief

AI extract

What is this about?

Departmental inquiry No. 05/22; disciplinary proceedings; writ of certiorari; alternative remedy; memorial before Director General of Police, Bihar; order dated 2.11.2022 of IG, Magadh Range, Gaya; Annexure-P/11; disposal with liberty; service record; adverse remarks; penalties and recoveries; State of Bihar; SP/DSP Jehanabad; CWJC 613/2025; Partha Sarthy, J.; 13-07-2026.

What did the court decide?

Liberty to the petitioner to file a memorial before the Director General of Police, Bihar within four weeks against the IG, Magadh Range order dated 2.11.2022, with a direction that the DGP (respondent no.2) decide the memorial within three months of filing; the writ was otherwise disposed of without adjudicating the validity of the departmental inquiry or the impugned order. ¶36

Ajit Kumar Roy Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ petition seeking quashing of departmental inquiry No. 05/22 and consequential disciplinary orders, penalties and recoveries should be entertained when the petitioner's prayers omit the order dated 2.11.2022 of the IG, Magadh Range, Gaya, and the alternative remedy of a memorial before the Director General of Police, Bihar remains unavailed.

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Court's answer

The Court found substance in the respondents' submissions that the petitioner's prayers did not cover quashing of the order dated 2.11.2022 passed by the IG, Magadh Range, Gaya, and that the alternative remedy of a memorial before the Director General of Police, Bihar, Patna was available but not availed.

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Ratio / Principle

The writ application was disposed of, granting the petitioner liberty to file a memorial before the Director General of Police, Bihar against the order dated 2.11.2022 passed by the IG, Magadh Range, Gaya, within a period of four weeks.

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Key takeaways

If such a memorial is filed, the Director General of Police, Bihar, Patna (respondent no.2) shall decide it within three months from the date of its filing.ratio¶35

Detailed headnote1 paragraphs

Patna High Court, Civil Writ Jurisdiction Case No.613 of 2025 (oral order dt. 13-07-2026, Partha Sarthy, J.): writ petition sought certiorari to quash departmental inquiry No. 05/22 and all consequential disciplinary orders, penalties, adverse remarks and financial recoveries against the petitioner. Counsel for the respondents submitted that the petitioner, though in fact assailing the order dated 2.11.2022 of the Inspector General of Police, Magadh Range, Gaya (Annexure-P/11), had made no prayer for its quashing and had not availed the alternative remedy of a memorial before the Director General of Police, Bihar. The Court found substance in these submissions and disposed of the writ application, granting liberty to file such a memorial within four weeks and directing the DGP, Bihar (respondent no.2) to decide it within three months of filing. Merits of the disciplinary proceedings were not examined.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.613 of 2025

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Ajit Kumar Roy, S/o- Pradip Prasad, R/o- Village- Bala Bigha, P.S.- Belaganj, District- Gaya.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Department of Home Affairs, Government of Bihar, Patna.

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The Director General of Police, Bihar, Patna.

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The Inspector General of Police, Magadh Range, Gaya.

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The Superintendent of Police, Jehanabad.

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The Deputy Superintendent of Police, Jehanabad.

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... ... Respondent/s

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

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Appearance :

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For the Petitioner/s : Mr. Binod Kumar Paswan, Advocate For the Respondent/s : Standing Counsel-6 ======================================================

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

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ORAL ORDER

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4 13-07-2026

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Heard learned counsel for the petitioner and learned

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counsel for the respondents.

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The petitioner has filed the instant application for the following reliefs :-

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“i. For issuance of an order, direction or a writ of certiorari for quashing and setting aside of the departmental inquiry No. 05/22 against the petitioner and relief from the charges levelled against him by the respondent authorities.

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ii. Further for quashing and setting aside all orders, proceedings, and penalties arising out of the disciplinary actions taken against the petitioner by the respondent

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Patna High Court CWJC No.613 of 2025(4) dt.13-07-2026 2/3

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authorities.

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iii. Further for a direction to quash any adverse remarks, notations, or records in service file of the petitioner that were placed as a result of the disputed disciplinary proceedings or penal orders. thereby ensuring his service record is unblemished.

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iv. Further for a direction that, upon quashing the aforementioned orders, all his rights, entitlements, benefits, and privileges be immediately restored.

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v. Further for an order to quash any unjustified financial liabilities, penalties, or recoveries imposed on him due to the disciplinary actions, with an instruction for the refund of any amount already recovered or withheld.

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vi. Further orders or directions that the Hon’ble Court may deem just, fit, and proper to ensure that the petitioner is fully exonerated and restored to his rightful status.”

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At the outset, it is submitted by learned counsel for

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the respondents that though no prayer has been made for quashing of the order dated 2.11.2022 passed by the Inspector General of Police, Magadh Range, Gaya (Annexure-P/11), the petitioner has in fact come to this Court against the said order. It is further submitted that the petitioner has not availed the alternative remedy available to him by filing a memorial before

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Patna High Court CWJC No.613 of 2025(4) dt.13-07-2026 3/3

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the Director General of Police, Bihar, Patna against the order dated 2.11.2022.

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Having heard learned counsel for the parties and having perused the contents of the petition, the Court finds substance in the submissions made by learned counsel for the respondents.

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In view of the facts and circumstances of the case, the writ application is disposed of giving liberty to the petitioner to file a memorial before the Director General of Police, Bihar against the order dated 2.11.2022 passed by the Inspector General of Police, Magadh Range, Gaya within a period of four weeks.

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If such a memorial is filed, the Director General of Police, Bihar, Patna (respondent no.2) shall decide the same within a period of three months from the date of its filing.

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The writ application stands disposed of with the above observations and directions.

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(Partha Sarthy, J)

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avinash/-

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Ajit Kumar Roy v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ajit Kumar Roy v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

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