Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11997 of 2025 ====================================================== Subodh Kumar Son of Sri Babujan Prasad Singh, Resident of MohallaLaxmipur (Reta), P.S.- Harinmar, District- Munger, at present resident of Mohalla- Panhar, near Bazar Samiti, Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

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

The Inspector General of Police, Begusarai.

4.

The Deputy Inspector General of Police, Begusarai. 5.

The Superintendent of Police, Begusarai.

6.

The Sub Divisional Police Officer, Manjhaul, Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pravin Kumar Sinha For the Respondent/s :

Mr.Additional Advocate General (4) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 19-08-2025 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. With consent of the parities, the present writ application is disposed of at this stage itself.

3. The petitioner has prayed for grant of following reliefs :- "1(a) For quashing the order contaiend in Memo No.2597 dated 16.10.2021 passed by the Superintendent of Police, Begusarai and also the Memo No.2780 dated 05.09.2023 increasing the punishment order, as contained in Annexure-2 to this petition by which he has been pleased to direct.

(b) The order contaiend in Memo No. 899 dated 17.06.2022 passed by the Deputy Inspector General of Police, Begusarai by which directed the S.P.

Patna High Court CWJC No.11997 of 2025(2) dt.19-08-2025 2/3 Begusarai to pass final order in the Departmental Proceeding No.13/2021 after communicating the Enquiry report to the petitioner giving 15 day time to furnish his defense/reply and pass afresh and pass a fresh final order with in the mater of petition.

(c) The petitioner further prays for issuance of a writ in the nature of a writ of Mandamus commanding the respondent authorities to grant the consequential benefits to the petitioner."

4. Learned counsel for the petitioner submits that in the present writ application, the petitioner has mainly challenged the Memo No.2780 dated 05.09.2023, Annexure-2 passed by the disciplinary authority, i.e., Superintendent of Police, Begusarai. He further submits that the said order is departmentally appealable before the Dy. Inspector General of Police, Begusarai and, therefore, he submits that the petitioner may be allowed to withdraw the present writ application for filing departmental appeal before the Dy. Inspector General of Police, Begusarai, (respondent No.4)

5. Learned counsel appearing for the respondent-State does not have any objection to the above prayer being made by learned counsel for the petitioner.

6. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application is dismissed as withdrawn granting liberty to the petitioner to file a departmental appeal before the Dy. Inspector General of

Patna High Court CWJC No.11997 of 2025(2) dt.19-08-2025 3/3 Police, Begusarai against the order dated 05.09.2023 contained in Memo No.2780 passed by the disciplinary authority, i.e, the Superintendent of Police, Begusarai.

7. If the appeal is filed within one month from the date of passing of the order, the Dy. Inspector General of Police, Begusarai (Appellate Authority) will entertain the same and decide it on merit after hearing the petitioner.

8. Needless to emphasis that the final order which shall be passed by Dy. Inspector General of Police, Begusarai should be a reasoned and speaking order.

9. The entire exercise must be completed by the Dy. Inspector General of Police, Begusarai of deciding the appeal within a further period of four months from the date of filing of the appeal.

10. With the aforesaid observation and direction, the present writ application is disposed of.

11. The pending I.As. If any, shall be deemed to have been disposed of.

(Alok Kumar Sinha, J) sanjeev/- U