Sunil Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18264 of 2022 ====================================================== Sunil Kumar Mandal Son of Garib Mandal Resident of Village- Shivganj, P.S.- Muffasil, District- Munger.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Director General of Police, Bihar, Patna. 2.
The Inspector General of Police, Central Range, Patna. 3.
The Superintendent of Police, Nalanda.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satya Prakash Parasar, Adv.
For the Respondent/s :
Mr.Md. N.H. Khan, SC-1 Mr.Md. Fazle Karim, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-04-2024
1. The present writ petition has been filed seeking the following relief(s):- "1.(i) For issuance of writ in the nature of Certiorari for quashing of the order contained in Memo No. 6195 dated 17.10.2021 passed by the Superintendent of Police, Nalanda in Nalanda District Order No. 1779/2021 and for further quashing of the order contained in Memo No.
2496 dated 7.10.2021 passed in Central Range Order No. 258/2021 whereby and where under the petitioner has been dismissed from the service without following the procedure laid down in Police Manual and Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 especially Rule 17 of the Bihar Government Servants (Classification, Control & Appeal)
Patna High Court CWJC No.18264 of 2022(2) dt.23-04-2024 2/3 Rules, 2005.
(ii) For further direction to the Respondent authorities to hear and dispose of the appeal preferred by the petitioner against the order of dismissal dated 7.10.2021 which has been received in the office of the Additional Director General of Police (Budged), Bihar, Patna vide C.O. No. 169875/21 dated 22.12.2021.
(iii) For further quashing of Prapatra-Ka (charge memo) dated 3.5.2019 as same has been issued not by a competent authority.
(iv) For further direction to the Respondent authorities to reinstate the petitioner on the suitable post with all consequential benefits."
2. At the outset, the learned counsel for the petitioner seeks a direction upon the Additional Director General of Police (Budget), Government of Bihar, Patna, to dispose off the pending appeal, filed by the petitioner against the order of punishment of dismissal from service dated 07.10.2021, which even according to the respondent-State, is still pending adjudication.
3. Having regard to the limited prayer made by the petitioner in the present writ petition, I deem it fit and proper to direct the Additional Director General of Police (Budget), Government of Bihar, Patna, to dispose off the aforesaid appeal,
Patna High Court CWJC No.18264 of 2022(2) dt.23-04-2024 3/3 filed by the petitioner, by passing a reasoned and a speaking order, in accordance with law, within a period of six weeks of receipt/production of a copy of this order.
4. The writ petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) sonal/- U