Indra Bhushan Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20934 of 2021 ====================================================== Indra Bhushan Tiwary Son of Late Awadhesh Tiwary Resident of Village - Chandi, P.O. Narhi Chandi, P.S. Chandi, District- Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the D.G.P. Bihar, Patna. 2.

The D.G.P. Bihar, Patna.

3.

The Inspector General of Police, Central Region Patna. 4.

The Inspector General of Police (Head Quarter), Bihar, Patna. 5.

The D.I.G. Central Region, Patna.

6.

The Superintendent of Police, Patna.

7.

The Deputy Superintendent of Police Cum Inquirty Officer, Traffic - 1st, Patna.

8.

The Commandant B.M.P. - 4 Dumraon, Buxar.

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

For the Petitioner/s :

Mr.Aditya Narayan Singh.1, Advocate For the Respondent/s :

Mr.Sheo Shankar Prasad (SC-8) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-04-2024 The present writ petition has been filed seeking the following reliefs:- "1.(A). For quashing the Memo No.7922 dated 07.07.2020 by which the respondent no.6, awarded punishment to the petitioner in Departmental Proceeding No.157/2019 by withholding the increment for one year with cumulative effect equivalent to Two Black Mark and nothing will be paid except which has being provided during period of suspension and the

Patna High Court CWJC No.20934 of 2021(2) dt.03-04-2024 2/3 period of suspension is adjusted in half earn leave, which is contrary to the Rules and Regulations and to provide the all the benefits to the petitioner which was not provided due to the aforesaid punishment.

(B). For quashing the Memo No.39 dated 05.02.2021 issued by respondent no.3 by which appeal preferred by the petitioner was returned in pursuance to Memo No.8631 dated 16.10.2019 as he is not the competent authority that was communicated to the petitioner vide Memo No.636 dated 18.02.2021 issued by respondent no.8."

2.

At the outset, the learned counsel for the petitioner submits that after filing of the present writ petition, the punishment order in question has stood withdrawn, however, a fresh departmental proceeding has been initiated, hence the petitioner be granted liberty to take recourse to such remedies as are otherwise available under the law for redressal of his subsisting grievances. Liberty, so sought, is granted.

Patna High Court CWJC No.20934 of 2021(2) dt.03-04-2024 3/3 3.

The writ petition stands disposed off as not pressed.

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