Ashish Anand v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13431 of 2021 ====================================================== Ashish Anand Son of Sri Siyaram Sharma resident of village - Lauwalagan, P.S. - Chausa, District- Madhepura.

... ... Petitioner/s

Versus

1.

The State of Bihar, Bihar.

2.

The Director General of Police, Bihar, Patna. 3.

The Deputy Inspector General of Police, Darbhanga. 4.

The Superintendent of Police, Samastipur.

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

For the Petitioner/s :

Mr. Prashant Sinha, Advocate For the Respondent/s :

Mr. Manish Kumar, GP 4 Mr. Ajay Kumar AC to GP 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 12-04-2022 Heard learned counsel for the parties.

2. State counsel accepts notice for respondents.

3. Learned counsel for the petitioner is hereby directed to serve copy of the writ petition to the learned counsel for the State/respondents, if it is not already served.

4. In the instant petition, petitioner has prayed for the following relief/reliefs:

"(i) For issuance of writ in the nature of certiorari for quashing of the order contained in memo no. 1743 dated 13-08-2019 issued by the Deputy Inspector General of Police, Darbhanga

Patna High Court CWJC No.13431 of 2021 dt.12-04-2022 2/3 whereby the appeal preferred by the petitioner has been rejected.

(ii) For issuance of writ in the nature of certiorari for quashing of memo no. 2213 dated 12-07-2019 whereby the petitioner has been awarded with the punishment of dismissal under the orders of the Superintendent of Police, Samastipur-Cum-Disciplinary Authority.

(iii) For issuance of writ in the nature of certiorari for quashing of Inquiry Report as contained in memo no. 1079 dated 31-03-2019 whereby the Inquiry Officer has proved the charges against the petitioner without any evidence on record.

(iv) For issuance of writ in the nature of certiorari for quashing of the memo of charge as contained in memo no. 2280 dated 17-08-2018 issued by the Superintendent of Police, Samastipur-Cum-Disciplinary Authority whereby the memo of charge has been framed against the petitioner in violation of Rule-17 (3) of the CCA Rules.

(v) For necessary direction to reinstate the petitioner with full back wages and all consequential benefits as the petitioner was not gainfully employed during the period of his dismissal from service.

(vi) For any other direction, which your Lordships may deem fit and proper in the facts and circumstances of the case."

4. Learned counsel for the petitioner submitted that petitioner's memorial dated 28.10.2019 is pending consideration before the concerned authority and it is yet to be disposed off.

5. In the light of the aforesaid submission, the concerned authority which is empowered to decide petitioner's memorial dated 28.10.2019 is hereby directed to dispose off memorial of the

Patna High Court CWJC No.13431 of 2021 dt.12-04-2022 3/3 petitioner within a reasonable period of four months in accordance with law from the date of receipt of this order.

6. With the above observation, writ petition stands disposed off.

(P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 18.04.2022 Transmission Date