Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17141 of 2019 ====================================================== Manish Kumar Son of Brajnandan Prasad, R/o Village- Chanduara, PostPunha P.S. Rahui, Distt. Nalanda, Pin- 803119 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secrteary Home Department, Government of Bihar, Patna. 2.

The Director General of Police-Cum-I.G. of Police, Bihar, Patna. 3.

The D.I.G of Police, Munger, Range, Munger.

4.

The S.P. of Khagaria.

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

For the Petitioner/s :

Mr. Ranjit Jha, Advocate For the Respondent/s :

Mr. Manish Kumar (GP4) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 15-09-2023 In the instant petition, petitioner has prayed for the following reliefs:- "(I) For Issuance of an appropriate writ, order, /direction to quash/set aside the impugned office order of dismissal/Termination of petitioner, vide memo No. 1328/2019, dated, 05.07.2019, (Annex. 13) passed by the S.P. of Khagaria, without proofing the alleged charge against and follows the Police Manuals Rules as well as the Natural Justice along with the D.P.Rules for awarding the gravies punishment.

(II) For issuance of an appropriate writ, order/orders, direction/directions in nature of Mandamus directing and commanding the concern respondents to reinstate the petitioner on his own post with all consequential benefits.

Patna High Court CWJC No.17141 of 2019 dt.15-09-2023 2/3 (III) For further issuance of an appropriate writ order or direction in nature of Mandamus directing and commanding the concerned respondent not to humiliate or harass the petitioner on account of the illegal and baselss, concocted and fabricated F.I.R No. 525/2015 dated 06.08.2015 of Khagaria (Muff.) Thana.

(IV) For issuance of any other relief or reliefs to which the petitioner found entitled to in the larger interest of justice."

2. The petitioner was subjected to disciplinary proceedings and it was concluded in imposition of penalty of dismissal from service on 05.07.2019 vide (Annexure-13).

3. Perusal of the same, it is evident that it is not a speaking order to the extent that second show cause notice is stated to have been issued on 23.03.2019 for which the petitioner had submitted his reply on 08.04.2019 and the same has been referred and rejected in one sentence without examining the respective contentions stated in the reply dated 08.04.2019. The same has not been disputed by the learned counsel for the respondents. Therefore, the impugned order dated 05.07.2019 (Annexure-13) stands set aside. Matter is remanded to the disciplnary authority/Superintendent of Police, Khagaria to decide the matter afresh after due consideration of each of the contentions raised by the petitioner in his reply dated 08.04.2019. Time and again Courts have held that

Patna High Court CWJC No.17141 of 2019 dt.15-09-2023 3/3 both administrative and quasi-judicial orders must be speaking, since those orders are amenable to judicial review.

4. The above exercise shall be completed within a period of three months from the date of receipt of this order and communicate the decision to the petitioner at the earliest.

5. Accordingly, the present writ petition stands allowed. (P. B. Bajanthri, J) Vikash/- AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A