Jiwesh Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16922 of 2019 ====================================================== Jiwesh Kumar Thakur, Son of late Navin Thakur, R/o Village- Kadrachak, near Kali Mandir, Meharpur, P.S. Shambhuganj, District- Banka. ... ... Petitioner/s

Versus

1.

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

2.

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

The Inspector General of Police, Darbhanga.

4.

The Deputy Inspector General of Police, Purnea. 5.

The District Magistrate, Katihar.

6.

The District Magistrate, Araria.

7.

The Superintendent of Police, Katihar.

8.

The Superintendent of Police, Araria.

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

For the Petitioner/s :

Mr. Subodh Kumar Jha, Advocate Mr. Bal Krishna Mishra, Advocate For the Respondent/s :

Mr. Sanjay Kumar Ghosawari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-10-2019 Heard learned counsel for the parties.

2. By an order dated 30.09.2017, the Superintendent of Police, Katihar has imposed upon the petitioner punishment of entering three black marks in his service book equivalent to stoppage of two increments without cumulative effect. A disciplinary proceeding was initiated against the petitioner, whereafter the said punishment has been imposed.

3. This writ application has been filed seeking quashing of the said order. The petitioner has remedy of appeal,

Patna High Court CWJC No.16922 of 2019(3) dt.17-10-2019 2/2 which he is said to have invoked by filing an appeal on 10.07.2018.

4. Considering the facts and circumstances, this writ application is disposed of with a direction that let the said appeal be disposed of by the DGP, Bihar, Patna if the same is still pending and has not been disposed of.

5. Mr. Jha, learned counsel appearing on behalf of the petitioner has submitted that the petitioner has not been paid his subsistence allowance for the period during which he had remained under suspension pending departmental proceeding.

6. Let a decision be taken by the respondents in this regard and subsistence allowance be paid accordingly, if not already paid, to the petitioner within a period of three months from the date of receipt/ production of a copy of this order.

7. The writ application stands disposed of accordingly. (Chakradhari Sharan Singh, J) Rajesh/- U