Md. Masroor Alam Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15774 of 2022 ====================================================== Md. Masroor Alam Khan Son of Md. Manzoor Khan, Resident of Dangalpara Niche Mohalla Dumka P.S. Dumka, District- Dumka, Jharkhand. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary, Bihar, Patna. 2.

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

The Superintendent of Police, Purnea, Dist- Purnea. 4.

The Officer-in-Charge of Sarsi, Police Station- Sarsi, District- Purnea. 5.

The Sub-Divisional Police Office, Sadar, Purnea, Dist- Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar Singh, Advocate For the Respondent/s :

Mr.Sheo Shankar Prasad (SC-8) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-03-2024 The present writ petition has been filed seeking the following reliefs:- "1. i For setting aside and quashing the order of suspension vide Memo no.

2953/Conf. dated 14.8.2018 as well as payment of rest pay w.e.f. 14.8 2018.

ii. For consideration of the enquiry report submitted by Sri Bibhas Kumar, the Sub-Divisional Police Officer, Sadar, Purnea.

iii. For consideration of review application-03 by the Superintendent of Police, Purnea, vide Memo no. 7604 dated 6.12.2020, in which the witnesses have stated that by whom and when the concerned viral Video has been

Patna High Court CWJC No.15774 of 2022(2) dt.20-03-2024 2/3 prepared and they have got no knowledge about the same.

iv. For that suspension period is unduly long, moreover as to why a departmental proceeding no. 63/2018 which involved only one charge and that too uncomplicated, have taken more than four years and till date has not yet been concluded.

v. For that the departmental proceeding no. 63/2018 be quashed.

vi. For that it is humbly prayed that a direction should be issued to reinstate the petitioner forthwith to the post of Police Sub Inspector from the date of suspension.

vii. For direction to the respondents and to pay the entire due wages for the period of suspension with due interest."

2.

At the outset, the learned counsel for the petitioner has limited his prayer to issuance of appropriate direction upon the disciplinary authority to conclude the departmental proceeding within a stipulated period, failing which the order of suspension dated 14.08.2018 be directed to be revoked.

3.

Per contra, the learned counsel for the respondent-State submits that since the petitioner is not cooperating in the ongoing departmental

Patna High Court CWJC No.15774 of 2022(2) dt.20-03-2024 3/3 proceeding, delay has taken place, however, he submits that the same shall be concluded within a stipulated time frame, as is directed by this Court, nonetheless, the petitioner be directed to cooperate in the ongoing departmental proceeding.

4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the disciplinary authority to conclude the ongoing departmental proceeding by taking a final decision within a period of three months from today, failing which the order of suspension dated 14.08.2018 shall stand revoked automatically, nonetheless, the petitioner is directed to cooperate in the ongoing departmental proceeding, failing which the disciplinary authority shall be at liberty to proceed ex parte qua the petitioner herein. 5.

The present writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U