Kumari Sonika v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7573 of 2022 ====================================================== Kumari Sonika D/o Yogendra Kumar, R/o Village and Post-Herudiyara, P.S.- Kasim Bazar, District-Munger, Bihar-811201.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Home Department, Government of Bihar, Patna.
2.
The Director General of Police, Bihar, Patna. 3.
The Inspector General of Policer, Patna Range, Patna. 4.
The Senior Superintendent of Police, Patna.
5.
The Superintendent of Police, West Patna.
6.
The Inspector cum Officer in Charge, Buddha Colony Police Station. 7.
The Deputy Superintendent of Police Training, Navin Police Kendra, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Apurv Harsh, Adv.
Mr.Manu Tripurari, Adv.
Mr.Ragu Raj Pratap, Adv.
Mr.Prashant Bhardwaj, Adv.
For the Respondent/s :
Mr.Manish Kumar, GP- 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-01-2024
1. The present writ petition has been filed seeking the following relief(s):- "1.a. For issuance of a writ in the nature of Mandamus or order or direction for payment of full back wages to the petitioner for the illegal/non-est period of dismissal from 04.11.2018 till 27.05.2021;
b. For issuance of a writ in the nature of Certiorari or order or direction for quashing Office Order No. 3005/2021 dated 09.07.2021 contained in Memo No. 8218/र.का., issued by
Patna High Court CWJC No.7573 of 2022(2) dt.09-01-2024 2/3 Senior Superintendent of Police, Patna; whereby the petitioner has been suspended in contemplation of departmental enquiry and department has failed to frame charge-sheet within seven months as stipulated under Rule 9(7) of the Bihar CCA Rules, 2005;
c. For issuance of a writ in the nature of Certiorari or order or direction for quashing Central Region Order No. 109/2022 dated 06.04.2022 contained in Memo No. 2542/ वव०को०, issued by Inspector General of Police, Central Region, Patna; whereby the petitioner's appeal has been rejected without due consideration and in violation of the Bihar CCS Rules/ Bihar Police Manual;
d. For issuance of a writ in the nature of Mandamus or direction to the respondents to grant consequential seniority and other service benefits including increments that became due, as a result of quashing of the dismissal order dated 04.11.2018;
e. For issuance of appropriate writ in nature of Mandamus or any other appropriate writ, thereby directing the stay on the departmental proceeding which has been initiated against the Petitioner on the similar set of facts and relying upon the same set of fact as alleged in the Buddha Colony P.S Case no. 435/18 and 436/18."
2. At the outset, the learned counsel for the petitioner
Patna High Court CWJC No.7573 of 2022(2) dt.09-01-2024 3/3 has limited the relief sought for in the present writ petition to issuance of a direction upon the respondent-authorities, especially the Disciplinary Authority, to conclude the pending departmental proceeding in question.
3. Having regard to the limited prayer made by the petitioner in the present writ petition, I deem it fit and proper to direct the Disciplinary Authority of the petitioner to conclude the departmental proceeding in question, by passing the final order, within a period of six months of receipt/production of a copy of this order.
4. Accordingly, the present writ petition stands disposed off.
(Mohit Kumar Shah, J) sonal/- U