Dilip Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16027 of 2017 ====================================================== Dilip Kumar S/o- Mahesh Prasad, Resident of Village- Pipratol, P.O.- Parwa, P.S.- Jainagar, District- Madhubani.

... ... Petitioner/s

Versus

1.

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

2.

The Deputy Inspector General of Police, Sahabad Range, Dehri-On-Sone, Rohtas.

3.

The Superintendent of Police, Kaimur (Bhabhua). 4.

The Chairman, Central Selection Board (Constable Recruitment), Bihar, Patna.

5.

The Officer on Special Duty, Central Selection Board (Constable Recruitment), Bihar, Patna.

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

For the Petitioner/s :

Mr.Ranjit Jha, Adv.

For the Respondent/s :

Mr.Md.N.H.Khan -SC 1 Mr. Sanjay Pandey, Adv.

Mr. Binod Kr. Mishra, Adv.

Mr. Vivek Anand Amritesh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-08-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is challenging the order of termination, vide Memo no. 2587/R Ka dated 15.10.16 (Annexure 6).

The petitioner has been terminated from service on the ground of forgery committed by him and without holding any enquiry to substantiate the allegation.

The petitioner submits that his case is entirely covered

Patna High Court CWJC No.16027 of 2017(3) dt.16-08-2019 2/2 by the judgment and order passed in C.W.J.C. No.18337 of 2016 (Kamlesh Kumar Choudhary vs. The State of Bihar and others). In that case also, the petitioner was dismissed from service on the ground of forgery committed by him the ground of forgery committed by him without holding of enquiry, the order of termination has been set aside.

If in the present case, facts, law and prayer are identical, the order of termination will be treated to have been set aside, but without direction of reinstatement, at the same time, this Court also directs, the enquiry should be conducted and completed without any delay, preferably within three months from the date of receipt or production of a copy of this order. Any payment will be made subject to final result of the case.

Accordingly, this petition is disposed of.

(Shivaji Pandey, J) Mahesh/- U