Kumari Sonika v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15958 of 2021 ====================================================== Kumari Sonika D/o Yogendra KUmar, R/o Village and Post-Herudiyara, P.S.- Kasim Bazar, District-Munger, Bihar - 811201. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Home Department, Government of Bihar, Patna.

2.

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

The Inspector General of Police, Patna Range, Patna. 4.

The Senior Superintendent of Police, Patna.

5.

The Superintendent of Police, West Patna.

6.

The Inspector cum Officer in Charge, Buddha Colony Police Station. 7.

The Deputy Superintendent of Police Training, Navin Police Kendra, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Apurv Harsh For the Respondent/s :

Md. N.H. Khan (SC 1) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 14-02-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

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

"a. For issuance of a writ in the nature of mandamus or order or direction for payment of full back wages to the petitioner for the illegal period of dismissal; b. For issuance of a writ in the nature of certiorari or order or direction for quashing Office Order No. 3005/2021 dated 09.07.2021 contained in Memo No. 8218/ Ra Ka, issued by Senior Superintendent of Police, Patna; whereby the petitioner has been suspended without show cause or initiating departmental enquiry as even earlier the petitioner in the same case had been dismissal for almost two years. c. For issuance of a writ in the nature of mandamus or direction to the respondents to grant

Patna High Court CWJC No.15958 of 2021 dt.14-02-2022 2/2 consequential seniority and other service benefits, as a result of quashing of the dismissal order dated 04.11.2018. d. For any other relief or relief/s to which the petitioner is found entitled in the facts and circumstances of the case."

3. Petitioner has been placed under suspension on 09.07.2021 without exhausting statutory remedy of appeal.

4. Learned counsel for the petitioner submitted that petitioner was subjected to suspension, enquiry and it has attained finality in imposition of penalty and dismissal, thereafter, the punishment was stated to have been set aside. In the result once again the petitioner has been placed under suspension on 09.07.2021.

5. In the light of above facts and circumstances, the petitioner has a statutory remedy of appeal before the Appellate Authority, therefore, in the event of filing appeal before the Appellate Authority against suspension order dated 09.07.2021, the Appellate Authority shall decide petitioner's appeal to be filed within a period of three months from the date of receipt of such appeal.

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

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