Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10078 of 2023 ====================================================== Vikash Kumar Son of Indradev Yadav, resident of Village and Post Office - Paura, Police Station - Nawada, District - Nawada, Pin Code - 805104 (Dismissed Constable of Bihar Police).

... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Home (Police) Department, Government of Bihar, Patna.

2.

The Director General of Police, Bihar, Patel Bhawan, Nehru Path, Patna - 800023.

3.

The Zonal Inspector General of Police, Muzaffarpur Zone, Muzaffarpur. 4.

The Superintendent of Police, Vaishali at Hajipur. 5.

The Central Selection Board (Constable Recruitment) Bihar, Patna through its Chairman.

6.

The Officer-on-Special Duty, Central Selection Board (Constable Recruitment), Bihar, Patna.

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

For the Petitioner/s :

Mr. Mayanand Jha, Sr. Advocate Mr.Arvind Kumar, Advocate Mr. Gaurav Prakash, Advocate For the State :

Mr.Sheo Shankar Prasad (SC-8) Mr. Ruchikar Jha, AC to SC-8 For the CSBC :

Mr. Sanjay Pandey, Advocate Mr. Vivek Anand Amritesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-11-2023 The present writ petition has been filed seeking the following relief:- "1.(i) For issuance of an appropriate writ/ order setting aside the Vaishali District Order No. 828/2018 contained in Memo No. 2332 dated 04.07.2018 issued by the Superintendent of Police, Vaishali at

Patna High Court CWJC No.10078 of 2023(2) dt.28-11-2023 2/3 Hajipur, whereby the petitioner has been dismissed from the post of constable in Bihar Police;

(ii) For setting aside any adverse order passed by the Appellate Authority Deputy Inspector General of Police/ Inspector General of Police of the Muzaffarpur on the appeal preferred by the petitioner but not communicated to the petitioner;

(iii) For setting aside entire Departmental Proceeding No.

14/16 initiated against the petitioner;

(iv) For issuance of Mandamus commanding the respondents to reinstate the petitioner in services with all consequential benefits."

2.

At the outset, the learned senior counsel for the petitioner submits, by referring to paragraph no. 34 of the writ petition, that the petitioner has filed a statutory appeal against the order of dismissal from service dated 04.07.2018 before the appellate authority i.e. the D.I.G. Muzaffarpur Range dated 16.07.2018 but till date the same has not been disposed off, hence it is

Patna High Court CWJC No.10078 of 2023(2) dt.28-11-2023 3/3 prayed that the appellate authority be directed to dispose off the same expeditiously.

3.

Having regard to the limited prayer made by the petitioner in the present writ petition, I deem it fit and proper to direct the appellate authority, as aforesaid, to consider the appeal filed by the petitioner, in accordance with law, and dispose off the same, in case the same has not already stood disposed off, by passing a reasoned and a speaking order, within a period of six weeks of receipt/production of a copy of this order. 4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U