Ravindra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4058 of 2024 ====================================================== Ravindra Kumar Yadav Son of Shiv Shankar Prasad Yadav Resident of Village and P.O.-Inarwa Fulwar, P.S.-Lakhaura, District-East Champaran and at Present of Posted as Sub-Inspector of Police in Bagha District ... ... Petitioner/s

Versus

1.

The State of Bihar through its Director General of Police Bihar, Patna. 2.

The Director General of Police, Bihar, Patna. 3.

The Inspector General of Police, Tirhut Range, Muzaffarpur. 4.

The Deputy Inspector General of Police, Tirhut Range, Muzaffarpur. 5.

The Disciplinary Authority-Cum-Senior Superintendent of Police, Muzaffarpur.

6.

The Deputy Superintendent of Police, West Champaran-Cum-Enquiry Officer.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rama Kant Singh, Advocate For the State :

Mr. Kikar Kumar, SC 9 Ms. Sushmita Sharma, AC to SC 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-11-2024 Heard Mr. Rama Kant Singh, learned counsel appearing on behalf of the petitioner and Mr. Kikar Kumar, learned SC 9 for the State and Ms. Sushmita Sharma, learned AC to SC 9.

2. Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:- "(i) For quashing of the order dated 08.02.2023 vide Memo No.709 passed by the Respondents whereby and whereunder petitioner has been be guilty and given punishment of two Kalank. (ii) For quashing of the order dated 22.01.2024 vide Memo No.487 passed by the Respondents No.3 whereby and whereunder he has affirmed the order of the Respondent No.5.

Patna High Court CWJC No.4058 of 2024(3) dt.19-11-2024 2/2 (iii) For quashing of the order dated 28.01.2024 vide Memo No.592 passed by the Respondent No.5 whereby and whereunder he has further partial amendment in order dated 08.02.2023 and passed an order again.

(iv) For further direction to the respondents to promote the petitioner from sub-Inspector to Inspector with Seniority list and give all the benefits. (v) For any other appropriate relief(s) to the petitioner for which he may be found entitled to on the eye of law."

3. Learned counsel appearing on behalf of petitioner seeks to avail remedy of memorial under Rule 853 of Bihar Police Manual before the Director General of Police, Bihar against the penalty order dated 08.02.2023 (Annexure P/1), which has been affirmed by the appellate authority.

4. The time taken in pursuing remedy before this Court shall be taken into consideration for condoning the delay, if any, in preferring memorial before the Director General of Police, Bihar under the aforesaid Rule 853 of Bihar Police Manual.

5. The writ petition is disposed of with the aforesaid liberty.

(Purnendu Singh, J) Sanjay/- U