Babalu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17507 of 2025 ====================================================== Babalu Kumar S/O Lalan Prasad, R/O Village Kadirganj, Post- Bhadokhara, P.S.- Darigaon, Dist- Rohtas, PIN 821115.

... ... Petitioner/s

Versus

1.

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

2.

The Director General of Police-cum-I.G. of Police, Bihar, Patna. 3.

The D.I.G of Police, Tirhut Range, Muzaffarpur. 4.

The S.S.P of Muzaffarpur.

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

For the Petitioner/s :

Mr. Ranjit Jha, Advocate For the Respondent/s :

Mr. Ajay Behari Sinha, GA-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-12-2025 Heard learned counsel for the parties.

2. The petitioner, a Constable in the Bihar Police Force posted in the district of Muzaffarpur having been dismissed from service by order dated 11.12.2020 passed by the Senior Superintendent of Police, Muzaffarpur preferred an appeal which also came to be rejected by the appellate authority/I.G., Tirhut Region, Muzaffarpur vide order dated 8.6.2022 (Annexure 17).

3. At the outset, learned counsel for the respondentsState of Bihar raises a preliminary objection that the petitioner having an alternate and efficacious remedy of preferring a memorial before the D.G.P., Bihar against the order impugned,

Patna High Court CWJC No.17507 of 2025(2) dt.02-12-2025 2/2 the instant writ application may not be maintainable.

4. Having heard learned counsel for the parties, the Court finds substance in the objection raised by learned counsel for the respondents.

5. In view of the facts and circumstances of the case, the writ application stands disposed of directing the petitioner to file a memorial against the order impugned before the D.G.P., Bihar.

6. In case such a memorial is filed within a period of four weeks, the D.G.P., Bihar shall decide the same at the earliest preferably within a period of three months.

7. The writ application stands disposed of with the above observations and directions.

(Partha Sarthy, J) Saurabh/- U