Indeshwar Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20194 of 2014 ====================================================== Indeshwar Yadav son of Late Subh Narayan Prasad, resident of VillageAlloni, P.S.- Garkha, District- Chapra ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Chief Secretary, Government of Bihar, Patna. 2.

The Director General cum- Inspector General of Police, Bihar, Patna 3.

The D.I.G., Central Range, Patna 4.

The S.S.P., Patna 5.

The A.I.G. (Nirikchan) Bihar, Patna 6.

The Sargent Major, Traffic, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Rajeev, Advocate For the State :

Mr.Umesh Kr. Roy, AC to GP-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-08-2023 The present writ petition has been filed seeking the following relief(s):- "1. That this is an application for issuance of an appropriate writ, order or orders and direction for quashing the order contained in Memo No. 2722, dated 19.09.2013 issued by A.I.G. Nirikchan, Bihar, Patna, where in he has directed the S.S.P. Patna to re-conduct all the five departmental proceeding including that of the petitioner and others mentioned therein and pass final order in the light of the previous order of D.G. of Police Bihar, Patna to re-conduct the said departmental proceeding separately order contained in Annex 4 and further for quashing the order issued by D.G.

Patna High Court CWJC No.20194 of 2014(2) dt.09-08-2023 2/3 of Police, Bihar, Patna, Memo No. 142, dated -8.1.2007 whereby S.S.P. Patna was ordered to reconduct The departmental proceeding against the petitioner and pass final order further ordering that the status of service of the petitioner would be fixed/depend as per final order passed with all consequential benefits or for quashing the order issued by A.I.G. Nirikchan Bihar Patna, Memo No. 2722, dated 19.09.13 as well as the order passed by D.G. of Police, Bihar, Patna, Memo No.-142, dated 8.1.2007 to the extent where by while ordering for re-conduction of departmental proceeding against the petitioner, the petitioner was not directed to be taken in service but his service status was declared to be fixed/depend on the final order passed by the S.S.P.

Patna and for a direction to the respondents to get the departmental proceeding conducted fairly and in accordance with law giving full opportunity to the petitioner to defend himself after re-inducting him in service and granting full back wages of the entire period he had been out of service or for any other order or orders as your lordships may deem fit and proper under the circumstances of the case."

At the outset, the learned counsel for the petitioner submits that the aforesaid departmental proceedings have been conducted afresh and the petitioner has been again dismissed

Patna High Court CWJC No.20194 of 2014(2) dt.09-08-2023 3/3 from his services, hence he be granted liberty to take recourse to such other alternative remedies, as are otherwise available under the law. Liberty so sought is granted.

The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) Saurav/- U