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Patna High CourtCWJC/21132/2018disposal with observation

Babalu Kumar @ Babalu Bind v. The State Of Bihar And ORS

2019-08-16Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21132 of 2018 ====================================================== Babalu Kumar @ Babalu Bind son of Lallan Prasad, Resident of VillageKadirganj, P.O. Bhadokhara, P.S. Darigaon, District Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Home Department, Govt. of Bihar, Patna.

2.

The Director General of Police (D.G.P.), Bihar, Patna. 3.

The (D.I.G.) Deputy Inspector General of Police, Tirhut Range, Muzaffarpur.

4.

The Senior Superintendent of Police, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Mishra, Adv.

For the Respondent/s :

Mr. P.K. Verma- AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-08-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is challenging the order of termination, vide Memo no. 172/R Ka dated 15.1.2016, (Annexure 4), Memo no. 1404/Sa Sha dated 22.07.2016 (Annexure-6) and Memo no. 8671/L-1 dated 20.7.2017 (Annexure-7).

The petitioner has been terminated from service on the ground of forgery committed by him and without holding any enquiry to substantiate the allegation.

The petitioner submits that his case is entirely covered by the judgment and order passed in C.W.J.C. No.18337 of 2016

Patna High Court CWJC No.21132 of 2018(2) dt.16-08-2019 2/2 (Kamlesh Kumar Choudhary vs. The State of Bihar and others). In that case also, the petitioner was dismissed from service on the ground of forgery committed by him without holding of enquiry, the order of termination has been set aside. If in the present case, facts, law and prayer are identical, the order of termination will be treated to have been set aside, but without direction of reinstatement, at the same time, this Court also directs, the enquiry should be conducted and completed without any delay, preferably within three months from the date of receipt or production of a copy of this order. Any payment will be made subject to final result of the case.

Accordingly, this petition is disposed of.

(Shivaji Pandey, J) Mahesh/- U