Gulam Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7910 of 2020 ====================================================== Gulam Ahmad S/o-Gulam Mutaza, Resident of Village-Baghi, P.O.-Banahi, P.S.-Bihiyan, District-Bhojpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Home (Police) Department, Government of Bihar, Patna.

2.

The Additional Chief Secretary, Home (Police) Department, Government of Bihar, Patna.

3.

The Director Genral of Police, Bihar, Patna.

4.

The Inspector General of Police, Muzaffarpur Zone, District-Muzaffarpur. 5.

The Deputy Inspector General of Police, Saran Range, District-Chapra. 6.

The Deputy Inspector General of Police, (Personnel), Bihar, Patna. 7.

The Superintendent of Police, District-Gopalganj 8.

The Superintendent of Police, District-Saran. 9.

The Police Inspector-Cum-Conducting Officer Mirganj Circle, DistrictGopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Y.V. Giri (Sr. Advocate) with :

Mr.Sanjay Kumar Giri For the Respondent/s :

Mr.P.K. Verma (AAG 3) with :

Mr.Saroj Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date : 06-01-2021 The petitioner has challenged an order dated 12.06.2020 passed by the Director General-cum-Inspector General of Police, Bihar issued vide Memo No. 1067 dated 15.06.2020 whereby exercising revisional powers under Rule 853 A (a) of the Bihar Police Manual, he has imposed punishment of dismissal from service on the petitioner, who was at the relevant point of time,

2/4 was posted in Gopalganj Town Police Station as an Assistant Sub Inspector.

2. An order passed on the same date, dated 15.06.2020, in respect of one Ananjay Singh @ Ananjay Kumar Singh has been set aside by an order passed today in C.W.J.C. No. 7906 of 2020. This matter also relates to the occurrence, which had taken place on 16.08.2016 in Khajuria village under Gopalganj (Town Police station) in which 16 persons had died because of consumption of spurious liquor. Identical allegations were made against this petitioner in the charge memo dated 07.02.2017 with the same set of evidence, as was the case in the matter of Ananjay Kumar Singh (supra). In case of this petitioner also, the Enquiring Authority recorded in the enquiry report, the finding that the allegation against the petitioner stood proved.

According to the Enquiring Authority, the defence of the petitioner that while posted as an Assistant Sub Inspector in the police station, was unaware of the ongoing trade of illicit liquor in a nearby village was not 'digestible' to him. In the petitioner's case also, the Superintendent of Police had imposed punishment of two black marks having the effect of stoppage of one increment with cumulative effect.

3/4 recommendation that the punishment imposed on him was not befitting the gravity of charge levelled against him. It can be easily discerned that the Director General-cum-Inspector General of Police has passed stereotype order in the present case also without discussing the petitioner's reply to the show cause notice, which was issued to him before passing of the impugned order.

3. In identical circumstance by an order dated 06.01.2021 passed in C.W.J.C. No. 7906 of 2020 (Ananjay Kumar Singh) (supra) this Court has quashed an order passed by the Director General-cum-Inspector General of Police. Accordingly, the order under challenge in the present writ application issued vide Memo No. 1067 dated 15.06.2020 is also quashed. The petitioner is directed to be reinstated forthwith. All consequences of quashing of the impugned order shall follow and accordingly the petitioner is directed to be reinstated forthwith. It is held that he shall be entitled to the full salary and other emoluments for the period during which he remained out of service because of the illegal order passed by the Director General-cum-Inspector General of Police.

4. For the same reasons discussed in the order dated 06.01.2021 passed in Ananjay Kumar Singh (supra), this application is allowed. Reasons assigned in the said order for

4/4 interfering with the impugned order shall form part of the present order.

5. All orders consequential to the impugned order dated 15.06.2020 stand quashed.

6. This application is allowed.

7. There shall be no orders as to costs.

(Chakradhari Sharan Singh, J) AKASH/- AFR/NAFR CAV DATE 06.01.2021.

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