Patna High CourtCWJC/11077/2008dismissed

Birendra Prasad Singh v. The State Of Bihar And ORS

2015-08-11Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11077 of 2008 ====================================================== Birendra Prasad Singh, son of late Akhileshwar Prasad Singh, resident of Village- Kaparia, P.S.- Khajauli, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. Director General of Police cum Inspector General of Police Bihar, Patna.

3. Inspector General, Patna Zone, Patna.

4. D.I.G. Central Range, Patna.

5. S.P., Nalanda.

6. S.P. Arwal.

7. Officer Incharge, Town Thana Arwal, District- Arwal. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ebrahim Kabir, Advocate.

For the Respondent/s :

Mr. (Aag4) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 11-08-2015 Heard learned counsel for the parties.

Having regard to the fact that the petitioner is a Police Constable of disciplined force, this Court would not find any error in the order passed by the disciplinary authority inflicting punishment by way of denial of salary for the period of his remaining absent from duty and in fact only that portion of the salary has been denied in which he was found absent from duty and for which no leave with salary was found admissible.

This aspect of the matter has also been considered by appellate authority and the revisional authority at length while confirming the order of the disciplinary authority and thus when there is no procedural infirmity in the departmental proceeding conducted

Patna High Court CWJC No.11077 of 2008 (2) dt.11-08-2015 2/2 against the petitioner, this Court would also refuse to interfere with the impugned orders when the punishment inflicted on the petitioner is also not found to be excessive in any manner.

That being so, this writ application must fail and, is accordingly, dismissed.

(Mihir Kumar Jha, J) Sujit/- U