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Patna High CourtCWJC/8306/2024disposed

Mokeshwar Prasad v. The State Of Bihar

2025-09-18Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8306 of 2024 ====================================================== Mokeshwar Prasad Son of Late Ramchandra Mandal Resident of VillageBharthua, P.S.- Aurai, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar represented through Director General of Police, Bihar, Patna.

2.

The Superintendent of Police, Khagaria, Bihar. 3.

The Sub- Divisional Police Officer, Sadar, Khagaria, Bihar. 4.

The Sub-Divisional Police Officer, Gogari, Khagaria, Bihar. 5.

S.H.O., Gogari Police Station, Khagaria.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar For the Respondent/s :

Mr. Government Pleader (12) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-09-2025 Heard the learned counsel for the petitioner and the learned counsel for the State.

2. The writ petition has been filed for the following relief/s:

(i) For directing the respondents particularly respondent No.2 to pass final order in Departmental Proceeding No.20/2022 after analyzing the entire documents, evidences and reply given by petitioner as per CCA Rule 2005;

(ii) For directing the respondents to pay entire arrears to the petitioner after exonerating him as nothing has been found against petitioner in the entire departmental

Patna High Court CWJC No.8306 of 2024(2) dt.18-09-2025 2/3 proceeding. Entire proceeding was conducted only on assumption.

3. One Interlocutory Application vide I.A. No. 01 of 2024 has been filed for amendment in payer portion of main writ application which was filed for directing the respondents particularly respondent No.2 to pass final order in departmental proceeding No.20/2022 after analyzing the entire documents, evidence and reply given by petitioner as per CCA Rules 2005 and further for directing the respondents to pay entire arrears to the petitioner after exonerating him.

4. For the reasons mentioned, I.A. No. 01 of 2024 stands disposed of to the extent for amendment in the prayer portion of the main writ application.

5. During the pendency of this case, the departmental proceeding has been concluded and the petitioner has been awarded punishment of 10% deduction from pension for 3 years under Rule 43(b) of Bihar Pension Rules, 1950 .

6. In these circumstances, this application is disposed of with liberty to the petitioner to file an appeal against the punishment order as provided under the law within four weeks.

7. If such an appeal is filed before the appellate authority, the same shall be disposed of by the appellate

Patna High Court CWJC No.8306 of 2024(2) dt.18-09-2025 3/3 authority within the next eight weeks after hearing the petitioner and after considering the ground raised by the petitioner. (Sandeep Kumar, J) Shishir/- U