Mukhan Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.362 of 2023 ====================================================== Mukhan Sao Son of Paras Sao, Resident of Village Lakhraon, P.S. Mffasil, District Siwan, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Home, Government of Bihar, Patna.

2.

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

The Additional Director General, Bihar Military Police (BMP), Patna. 4.

The Deputy Inspector General of Police, Magadh Region, Gaya. 5.

The Superintendent of Police, Jehanabad.

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

For the Petitioner/s :

Mr.Prabhat Ranjan, Advocate For the Respondent/s :

Mr. Ruchikar Jha, AC to SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-04-2023 Learned counsel for the petitioner as well as the State are present.

Learned counsel for the State has pointed out from the letter dated 15.06.2022 (Annexure- '7' to the writ application) that the government has taken a decision that in such cases where the government employee has been proceeded in a disciplinary proceeding only for the reason that he has tested positive for liquor consumption in breath analyzer test, such cases are required to be withdrawn.

Learned counsel for the petitioner agrees that the said policy decision would equally apply in respect of the petitioner.

Patna High Court CWJC No.362 of 2023(3) dt.17-04-2023 2/2 Mr. Ruchikar Jha, learned AC to SC-8 submits that in view of the said policy decision, he has instruction to say that the case of the petitioner would be revisited and considered within a period of three months.

In view of the statements made on behalf of the State, this Court need not proceed with this matter. It is made clear that the competent authority must pass an appropriate order in terms of the government's decision within a period of three months from the date of communication of this order, failing which it will be open for the petitioner to move this Court afresh.

This writ application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) arvind/- U