The State Of Bihar v. Roop Rajan Hargave
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1144 of 2023 In Civil Writ Jurisdiction Case No.18697 of 2015 ====================================================== 1.
The State of Bihar through Principal Secretary, Home Department, Govt. of Bihar, Patna.
2.
The Principal Secretary, Home Department, Govt. of Bihar, Patna. 3.
The Special Secretary, Home Police Department, Govt. of Bihar, Patna. 4.
The Director General of Police, Bihar, Patna. 5.
The Additional Director General of Police Modernization, Bihar, Patna. 6.
The Deputy Inspector General of Police, Bhagalpur. 7.
The Senior Superintendent of Police, Bhagalpur. 8.
The Bihar Public Service Commission, through the Secretary, ... ... Petitioner/s
Versus
Roop Rajan Hargave S/o Late Digvijay Hargave, Resident of Vasant Vihar, Hirak Ring Road, P.O. Koylanagar, P.S. Saraidhela, District- Dhanbad Jharkhand, presently residing at Quarter No. C2/C.A.B., Board Colony, P.O. and P.S.- Shashtri Nagar, Patna ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr.Sanjay Kumar (AC TO GA 13) For The Opposite Party :
Mr.Manish Kumar No 13, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-02-2025 Heard learned counsel for the parties.
2. Present application has been filed on behalf of the State petitioners for modification of last paragraph of order dated 09.02.2023 passed in C.W.J.C No. 18697 of 2015 which reads as follows:- "Accordingly, impugned order contained in Memo no. 2551 dated 10.04.2015 and Enquiry Report dated 10.03.2014 is quashed and set aside with all consequential benefits to the petitioner. As the impugned order is quashed on the ground of procedural lapses, respondents are at liberty to proceed afresh against the petitioner from the stage of second show cause notice, if so advised."
Patna High Court MJC No.1144 of 2023(8) dt.28-02-2025 2/2
3. Learned counsel for the petitioners submits that due to typographical error, in the first line of last paragraph, Enquiry Report dated 10.03.20214 has also been set aside and quashed. However, to the contrary, in the succeeding line of the said paragraph, State authorities have been given liberty to proceed afresh against the writ petitioner from the stage of second show cause notice.
4. In view of the submissions made in this application, let the first line of last paragraph of order dated 09.02.2023 be read as follows:- "Accordingly, impugned order contained in Memo no. 2551 dated 10.04.2015 is quashed and set aside with all consequential benefits to the petitioner."
5. Order dated 09.02.2023 is corrected/modified to this extent only.
Shashi (Prabhat Kumar Singh, J) U