Patna High CourtCWJC/20457/2014disposed

Sri Krishna v. The State Of Bihar And ORS

2015-12-22Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20457 of 2014 ====================================================== Sri Krishna Son of Late Sri Sohan Ram, Resident of Village - Bargaon Math, P.S. -Konch, P.S. - Bargaon, District - Gaya. .... Petitioner

Versus

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

2. The Special Secretary, Department of Home, Govt. of Bihar, Patna.

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

4. The Inspector General of Police, Patna Zone, Govt of Bihar, Patna.

5. The Deputy Inspector General of Police, Shahabad Range, Dehri-onSone, Rohtas.

6. The Superintendent of Police, Buxar.

7. The Deputy Superintendent of Police, Buxar .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Harendra Prasad Singh, Advocate For the Respondent/s : Mr. Jawahar Pd. Karn, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 22-12-2015 The petitioner was a sub inspector and posted as Station House Officer of Nawagarh Police Station in the district of Buxar on 17. 6.2012. He was proceeded departmentally for his acts of omission and commission while serving as SHO of the said police station. The petitioner was awarded punishment of two black marks contained in annexure 11 by the Disciplinary authority. An appeal filed by the petitioner too was rejected. Thereafter, he preferred memorial before the DGP, Bihar (respondent no.3). As nothing happened, the petitioner moved this court in C.W.J.C. No. 558 of 2014 which was disposed of on 7.4.2014 directing respondent no.3 to pass appropriate order in the matter. Respondent no.3 has since closed the file

Patna High Court CWJC No.20457 of 2014 (2) dt.22-12-2015 vide order dated 14.10.2014 as no memorial would be maintainable in view of provision contained in Rule 853 of Bihar Police Manual.

Counsel for the State submits that Rule 853 of Bihar Police Manual does not provide for power of memorial and as such the petitioner may agitate the matter before appropriate authority for consideration.

The writ application as such is disposed of with aforesaid liberty.

Shashi.

(Samarendra Pratap Singh, J) U