Uday Prasad Choudhari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4342 of 2016 ====================================================== Uday Prasad Choudhari S/o late Bhola Pd. Choudhari Resident of Village Gharhirampur PS Narayan Nagar Dist Munger.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the DGP Bihar Old Secretariat Patna 2.

The Deputy Inspector General of Bihar Patna.

3.

The Superintendent of Police, Rail Muzaffarpur at Muzaffarpur. 4.

The Conduction Officer, Cum Inspector Rail Circle Samastipur as Samastipur.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Prashant Kumar AC to SC 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 15-05-2019 The writ petition has been filed challenging the punishment of dismissal awarded to the petitioner. The brief background is that the petitioner was a member of the Muzaffarpur Rail Police and while he was allotted duty he has abused his authority in a train. It is on the basis of such allegation that charge memo was issued to the petitioner in September 2012.

Counsel for the respondent State submits that after submitting his explanation through speed post dated 19.8.2012 the petitioner has chosen not to participate in the proceedings. Even after issuance of second show cause notice the petitioner has not appeared. So it is submitted that since the petitioner has

Patna High Court CWJC No.4342 of 2016(2) dt.15-05-2019 2/2 chosen not to participate in the proceedings in spite of opportunity granted to him, the petitioner would be deemed to have waived the requirement of natural justice. Since none appears on behalf of the petitioner, without going into merits of the submission made by Counsel for the State, the writ petition is dismissed for want of prosecution.

(Madhuresh Prasad, J) SNkumar/- U