Deepa Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17232 of 2022 ====================================================== 1.

Deepa Kumari D/o Shri Shivji Sah, Resident of Village- Dehariya, P.S.- Itarhi, District- Buxar.

2.

Jyoti Kumari D/o- Sri Prabhu Ji Prasad, Resident of Village- Arak, P.S.- Krishan Braham, District- Buxar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary Govt. of Bihar, Patna. 2.

The Principal Secretary, Home (Police), Department, Govt. of Bihar, Patna. 3.

D.G. of Police Bihar, Patna.

4.

I.G. of Police, Patna Central Zone.

5.

Senior Superintendent of Police, Patna.

6.

The Deputy Superintendent of Police, Training, Navin Police Kendra, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Shruti Sinha, Advocate Mr. Apurv Harsh, Advocate Mr. Manu Tripurari, Advocate Mr. Raghu Raj Pratap, Advocate Mr. Almanya, Advocate For the State :

Mr.Md. N.H. Khan (Sc1) Mr. Md. Fazle Karim, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-04-2024 The present writ petition has been filed seeking the following relief:- "1(i) To issue an appropriate writ, order, direction in the nature of mandamus commanding the respondents to pay the salary and other allowances from the date of dismissal I.e. 04.11.2018 till the date of rejoining i.e. 03-09-2021 consequent to restoration in service effected through memo

Patna High Court CWJC No.17232 of 2022(2) dt.23-04-2024 2/3 no. 11520 dated 11-09-2021, with all consequential benefits.

(ii) To issue an appropriate writ, order, direction in the nature of certiorari for quashing the part of the memo no. 11520 dated 11-09-2021 to the extent that the petitioner has been put under suspension from the date of joining i.e., 03-09- 2021 and decision has been taken for initiation of departmental proceeding against the petitioner (Annexure- 3).

(iii) To issue an appropriate writ, order, direction in the nature of certiorari for quashing charge memo no. 13040/Ra. Ka.

dated 29-10-2021 and memo no.

13041/Ra.Ka. dated 29-10-2021 by which the memo of charge has been framed against petitioner 1 & 2 respectively under the signature of Senior Superintendent of Police. (Annexure-4 & 4/1) (iv) To issue an appropriate writ/order/direction in the nature of mandamus commanding the respondents to treat the period of suspension as a period spent on duty, and pay the full salary to the petitioners during the period of suspension from 03-09- 2021 till today.

(v) To issue an appropriate writ, order, direction in the nature of mandamus

Patna High Court CWJC No.17232 of 2022(2) dt.23-04-2024 3/3 commanding the respondents to revoke the order of suspension dated 11-09.2021."

2.

At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the respondent no.5, i.e. the Senior Superintendent of Police, Patna for redressal of their aforesaid grievances. Liberty, so sought, is granted.

3.

It is needless to state that in case appropriate representation is filed, within a period of four weeks from today, the respondent no.5 shall dispose off the same by passing a reasoned and a speaking order, in accordance with law, within a period of six weeks, thereafter.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U