Md. Mojib Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16630 of 2019 ====================================================== Md. Mojib Khan S/o Md. Abid Khan Retired Sub-Inspector, Resident of Mohalla- Medinipur Pathan Tola, Manihari, Distt.- Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director General of Police, Police Headquarter, Bihar, Patna 2.

The Additional Director General (Welfare) Police Headquarter, Bihar, Patna 3.

The D. I. G. BMP (North Division) Muzaffarpur, Bihar 4.

The Commandant, Bihar Military Police-8, Begusarai, Bihar 5.

The Commandant Bihar Military Police-10, Patna at Patna 6.

The Accountant General Birchand Patel Path, Patna, Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Kumari Rashmi For the Respondent/s :

Mr. Md. N.H. Khan (SC-1) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-08-2019 A Sub-Inspector of Police has not been paid the 3rd MACP despite his entitlement on the ostensible ground of his having been served with punishment order sometime back.

The learned counsel for the petitioner has submitted that petitioner was subjected to a punishment in a departmental proceeding which punishment was of a minor nature and which was quashed in appeal. The petitioner, therefore cannot be said to have been ever punished in his service tenure as the order of

Patna High Court CWJC No.16630 of 2019(2) dt.27-08-2019 2/2 punishment has been set aside.

There is no reason why on such ground, the petitioner ought not to be paid the 3rd MACP to which he is entitled.

On representation preferred by the petitioner within a period of two weeks from today before the Additional Director General (Welfare) Police Headquarters, Bihar, Patna, detailing his grievances, the concerned respondent shall look into the facts, ascertain the entitlement of the petitioner and after satisfaction pass/cause to be passed reasoned order in accordance with law. Needless to state that if the claim of the petitioner is found to be tenable, necessary sequel order shall also be passed within the aforesaid period. With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Shageer/- U