Upendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3867 of 2020 ====================================================== Upendra Kumar aged about 55 years male S/o-Chandradeep Prasad Singh, Resident of Village-Navinagar, P.S. Deepnagar, District-Nalanda, Presently posted as Police Inspector, Shikarpur Circle, Narkatiyaganj, West Champaran, Bettiah.
... ... Petitioner
Versus
1.
The State of Bihar through Commissioner-Cum-Secretary, Department of Home (Police) Government of Bihar, Patna.
2.
The Director General-Cum-Inspector General Of Police, Bihar, Patna. 3.
The Inspector General of Police (Head Quarter and Administration), Bihar, Patna.
4.
The Inspector General of Police, Darbhanga Zone, Darbhanga. 5.
The Deputy Inspector General of Police, Darbhanga Range, District Darbhanga.
6.
The Superintendent of Police, West Champaran, Bettiah. 7.
The Superintendent of Police, District-Darbhanga. 8.
The SHO, Police Kendra, Bettiah, 9.
The Inspector Cum Sanchalan Padhadhikari, Biraul, Darbhanga, 10.
The Superintendent of Police, Shekhpura, Shekhpura. ... ... Respondents ====================================================== Appearance :
For the Petitioner :
Mr. Saroj Kumar Singh, Advocate For the Respondents :
Mr. Anil Kumar, AC to SC 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 24-02-2021 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The grievance of the petitioner in the present writ application relates to rejection of the appeal only on the ground of delay.
Considering the submission of the parties and also the
Patna High Court CWJC No.3867 of 2020(2) dt.24-02-2021 2/2 fact that the Appellate Authority has not gone into the merit of the case, the order dated 29.09.2019 as contained in Annexure-1 is set aside. The matter is remitted back to the Appellate Authority for decision afresh on merit after hearing the parties. It is made clear that the Appellate Authority shall be at liberty to decide the appeal afresh on the issue of quantum of punishment.
With the aforesaid, the present writ petition stands disposed of.
(Anil Kumar Upadhyay, J) BT/- U