Rinku Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5488 of 2016 ====================================================== Rinku Singh wife of Dharmendra Singh, Resident of village- Ekauna, P.O.- Ekauna, District- Bhojpur at Ara, Presently posted in District Force Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Deputy Inspector General of Police-cum-Appellate Authority, Tirhut Division, Muzaffarpur 3.

The Senior Superintendent of Police-cum-Disciplinary Authority, Muzaffarpur 4.

The Police Inspector-cum-Officer In Charge-cum-Conducting Officer, Kazi Mohammadpur Police Station, ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bindhyachal Singh Mr. Satya Prakash For the Respondent/s :

Mr.AAG 8- Gautam Bose ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-11-2019 Heard counsel for the petitioner and counsel for the respondents-State.

Mr. Singh appearing for the petitioner submits that punishment of withholding salary for six months from 17.11.2013 to 22.05.2014 is without due consideration. He further submits that Jethani of the petitioner had passed away on 16.11.2013 and under compelling circumstance, she had to abandon her duty under social obligation. Had the authorities taken into consideration the factum of death surely such an excessive punishment could not have been awarded. Death of Jethani of the petitioner is claimed on the basis of death certificate dated 16.11.2013. Petitioner as per reply submitted to the authorities remained absent upto 25.11.2013.

Patna High Court CWJC No.5488 of 2016(2) dt.21-11-2019 2/2 The issue in the instant case is not whether death of the family is sufficient cause to take leave. The issue is whether under any circumstance member of a uniform service such as the instant petitioner who is a constable, when he or she leaves the post and abandons duty, whether he or she is obliged to maintain discipline by giving application for such leave before the competent authority. Show cause submitted by the petitioner clearly shows that no application has been given to any competent authority. Petitioner has pleaded that she had informed the Chairman, Bihar Police Men's Association and on his assurance, she had proceeded to stay away from duty from 17.11.2013 to 25.11.2013. It is under such circumstance, she has been visited with the punishment in question i.e. withholding of salary for six months.

In the opinion of this court, punishment is not an excessive punishment and this court does not find any reason to interfere with the punishment awarded to the petitioner. Writ petition stands dismissed.

(Madhuresh Prasad, J) s.hassan/- U