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Patna High CourtCWJC/18695/2013dismissed

Md. Kashim Ahmad v. The State Of Bihar And ORS

2023-01-23Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18695 of 2013 ====================================================== Md. Kashim Ahmad S/O Hayat Mohammad Resident Of VillageDumariya,P.S- Narpatganj, District- Araria. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

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

The Inspector General Of Police,Criminal Investigation Department, Old Secretariat, Patna.

4.

The Deputy Inspector General Of Police, Criminal Investigation Department, Old Secretariat, Patna.

5.

The Superintendent Of Police C, Criminal Investigation Department, Bihar, Patna.

6.

The Principal Secretary, Finance Department, Government Of Bihar, Patna. 7.

Treasury Officer, Sichai Bhawan, Patna.

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

For the Petitioner/s :

None For the Respondent/s :

Mr. Sanjay Kr No.1, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 23-01-2023

1. No one appears for the petitioner.

2. This case is pending since 2013. The petitioner was convicted for offense under 302 and sentenced to life imprisonment. Having been convicted for an offense of a serious nature, the authorities have proceeded to pass an order of dismissal from service. The petitioner has challenged the order dated 02.06.2010 by way of this writ petition stating that the conviction order had been passed long back. Earlier, the petitioner had filed C.W.J.C. No. 12688/2009, wherein

Patna High Court CWJC No.18695 of 2013(2) dt.23-01-2023 2/2 directions were issued to pass orders in the Departmental proceedings within a period of three months vide order dated 07.10.2009 by this Court. Keeping in view the observations and the provisions of Article 311 of the Constitution of India, as well as the provisions contained under the CCA Rules 2020, the action of the respondent in dismissing the petitioner from service on account of having been convicted for offense under 302 I.P.C. and sentenced to life imprisonment, no interference is warranted.

3. The writ petition is dismissed.

(Sanjeev Prakash Sharma, J) Sachin/- Item No. 14 U