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Patna High CourtCWJC/1219/2023dismissed

Md. Khurshid Alam @ Hawaldar Khursid Alam v. The State Of Bihar

2023-06-19Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1219 of 2023 ====================================================== Md. Khurshid Alam @ Hawaldar Khursid Alam, Son of Late Payare Ahamad, Resident of Village- Dahiyanwan Dargah, P.S.- Chhapra, District- Chhapra (Saran).

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, District- Rohtas at Sasaram. 3.

The Superintendent of Police, District- Rohtas at Sasaram. 4.

The Deputy Superintendent of Police, District- Rohtas at Sasaram. 5.

The S.H.O. Model Police Station, Sasaram, District- Rohtas at Sasaram. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Yugal Kishore, Advocate Mr. Parwej Khan, Advocate For the State :

Mr. Manoj Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-06-2023 1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

The petitioner, a Hawaldar (Traffic), was dismissed under Rohtas District Force Order No. 1157 of 2018. The same is apparent from the petitioner's representation dated 12.10.2022 (Annexure-5). The petitioner has not assailed the order dismissing him from service.

3.

In the instant proceedings, learned counsel for the petitioner is placing reliance on an order passed in Sasaram Model P.S. Case No. 1596 of 2017, in which he submits that the petitioner, who was accused, has been acquitted of the charges.

Patna High Court CWJC No.1219 of 2023(2) dt.19-06-2023 2/2 4.

It is not the petitioner's case that he was dismissed on account of his implication in the criminal case. In fact his dismissal is by a separate order pursuant to a proceeding based on charge memo. The order of dismissal bearing Rohtas District Force Order No. 1157 of 2018 has never been assailed by the petitioner.

5.

Realizing his difficulty with respect to his prayer for reinstatement, in such circumstances, he seeks liberty to assail the order of termination vide Rohtas District Force Order No. 1157 of 2018 in appropriate proceedings.

6.

With liberty, writ application is dismissed.

(Madhuresh Prasad, J) shashank/- U