Upendra Kumar Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11875 of 2016 ====================================================== Upendra Kumar Yadav son of Raj Dayal Yadav, Resident of VillageNeazipur, Lal Singh Ke Dera, P.S- Simra, District- Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

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

4. The Central Selection Parishad (Constable Recruitment), Bihar, Patna.

5. The Superintendent of Police, Samastipur.

6. The Special Executive Officer, Central Selection Parishad, Bihar, Patna.

7. The Station House Officer, Muffasil Police Station, Dist. Samastipur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Prakash Parasar, Adv.

For the Respondent/s : SC-23 For the Respondent-CSBC : Mr. Sanjay Pandey, Adv. Mr.Binod Kumar Mishra, Adv.

Mr. Vivek Anand Amritesh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 14-02-2017 Heard the parties.

Although the petitioner has questioned the order of suspension passed by the Superintendent of Police, Samastipur bearing Memo No.2970 dated 24.12.2015 impugned at Annexure-1 but considering the nature of allegations set up against the petitioner where his very entry in the police service is being doubted on impersonation and considering that the allegations has led to institution of police case as well as regular disciplinary proceeding, which has been initiated vide order bearing Memo No.222 dated 25.01.2016 by the Superintendent

Patna High Court CWJC No.11875 of 2016 (2) dt.14-02-2017 of Police, Samastipur as manifest from Annexure-7, I am not persuaded to interfere with the order of suspension and the writ petition is accordingly disposed of with a direction to the Superintendent of Police Samastipur to take appropriate steps for concluding the disciplinary proceeding initiated against the petitioner in accordance with law and with proper hearing to the petitioner expeditiously and preferably within a period of six months from the date of receipt/production of a copy of this order.

The Superintendent of Police, Samastipur shall also consider the grievance of the petitioner regarding non-payment of subsistence allowance and dispose of the same within a period of four weeks from the date of receipt/production of a copy of this order.

The writ petition is disposed of accordingly. (Jyoti Saran, J) SKPathak/- U