Patna High CourtCWJC/15731/2008disposed

Bariyar Marandi v. The State Of Bihar And ORS

2016-07-12Mr. Justice Samarendra Pratap Singh2 pages

Patna High Court CWJC No.15731 of 2008 (2) dt.12-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15731 of 2008 ====================================================== Bariyar Marandi, son of Shri Babulal Marandi, resident of Village Bargaon Malwadi, P.O. Rahimabir Bishunpur, P.S. Korha, District Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Home (Police) Department, Govt. of Bihar, Patna.

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

3. The Deputy Inspector General of Police, Purnea.

4. The Superintendent of Police, Katihar.

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

For the Petitioner/s : Mr. Rabi Bhushan Prasad 1 Mr. Arbind Kumar Anand For the Respondent/s : Mr. P.N. Shahi, AAG-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 12-07-2016 Counsel for the State undertakes that he will file copy of the Counter Affidavit during the course of the day. The petitioner seeks quashing of the order, dated 27.03.2001, passed by the Superintendent of Police, Katihar, in Departmental Proceeding No. 8 of 1998, communicated to him vide order, dated 06.04.2001, contained in Annexure-2A to the writ application.

As per the learned counsel for the petitioner, he was appointed in the year 1987. On 17.02.1998, he was put under suspension for having remained on unauthorized absence. The

Patna High Court CWJC No.15731 of 2008 (2) dt.12-07-2016 petitioner submitted his show-cause reply stating that he was suffering from jaundice and as such, he could not attend his duty. Consequent to the departmental proceeding, the petitioner was dismissed from service. The petitioner filed an appeal before the D.I.G. of Police at Purnea. During the pendency of the appeal, the petitioner has filed the instant writ application challenging the order of his dismissal.

The State in its Counter Affidavit submits that the appeal is pending.

This writ application is disposed of with a direction to the respondent no. 3 to dispose of the appeal of the petitioner within a period of two months from the date of receipt of a copy of this order. It will be open for the petitioner to submit another copy of the appeal filed before the D.I.G. of Police at Purnea along with a copy of this order.

(Samarendra Pratap Singh, J) kunal/- U