Patna High CourtCWJC/19597/2012disposed

Umashankar Sharma v. The State Of Bihar And ORS

2017-07-19Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19597 of 2012 =========================================================== Umashankar Sharma, son of Late Ram Lakchhan Sharma, resident of VillageIzarta, P.S. Paliganj, District- Patna .... .... Petitioner

Versus

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

2. The Deputy Inspector General of Police, Patna

3. The Deputy Inspector General of Police, Muzaffarpur Division

4. The Senior Superintendent of Police, Bihar, Patna .... .... Respondent =========================================================== Appearance :

For the Petitioner : Mr. Dhananjay Kumar Mr. Shunil Prasad, Advocates.

For the Respondents : AC to GA-10 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 19-07-2017 The present petition has been filed for quashing the order of punishment dated 27.07.2005 awarded in departmental proceeding; and for connected reliefs.

2. Learned counsel for the petitioner submits that punishment awarded in a proceeding where subsistence allowance has not been granted, is vitiated. In any event, learned counsel for the petitioner has filed representation dated 23.05.2012 (Annexure-11) before the Senior Superintendent of Police, Patna, which is pending.

3. Learned counsel for the respondents appears and has been heard.

Patna High Court CWJC No.19597 of 2012 dt.19-07-2017 2/2

4. Having regard to the submission of the petitioner and with his consent, the writ petition is disposed of with a direction to the Senior Superintendent of Police, Patna to consider the representation dated 23.05.2012 said to have been filed by the petitioner, if still pending, and dispose of the same within a period of three months from the date of receipt/production of a copy of this judgment. It is made clear that this Court has not expressed any opinion on the merit of the claim of the petitioner.

(Vikash Jain, J) Md. Ibrarul/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 22.07.2017 Transmission Date N.A.