Pramod Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11128 of 2008 ====================================================== Pramod Paswan, son of Shri Dilip Paswan, Resident of Village Maheshi, P.S. Sultanganj, District - Bhagalpur ... ... Petitioner/s

Versus

1. The State Of Bihar through the Director General of Police, Bihar, Patna

2. The Superintendent of Police, Katihar

3. The Deputy Superintendent of Police, Katihar

4. The Officer on duty, Police Centre, Katihar

5. The Officer-In-charge, Katihar Police Station, Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suresh Chandra Giri, Advocate For the Respondent/s :

Mr. GA 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL ORDER 12-07-2024 On 19.07.2023, following order was passed:

"Second respondent-Superintendent of Police, Katihar is hereby directed to file his personal affidavit before the next date of hearing as to whether before petitioner is removed or dismissed from service the relevant disciplinary proceedings Rules have been followed or not? Disciplinary authority is hereby directed to take note of the fact that the present matter is pending consideration since the year 2008.

2. Re-list this matter on 26.07.2023."

2. Deputy Superintendent of Police (Traffic), Katihar has filed second supplementary counter affidavit on behalf of respondent No. 2 in which he has not apprised this Court in

Patna High Court CWJC No.11128 of 2008(14) dt.12-07-2024 2/2 compliance of the aforementioned order dated 19.07.2023.

3. The petitioner has sought for the following prayer: "That by this writ petition, the Petitioner calls in question the legality and validity of order by which the Petitioner was dismissed from service and prays to call for the said letter and quash the same and a direction/directions be given to the Respondents to reinstate the Petitioner with consequential benefits from the date of his removal from service and any other relief (s) for which the Petitioner be found entitled in law be granted to him."

4. There is no assistance from the respondents to decide this matter on merit with reference to records, therefore, this Court has no other option except whatever the contentions raised in the present petition.

5. Accordingly, writ petition stands allowed. (P. B. Bajanthri, J) GAURAV S./- U