Archana Kumari, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4338 of 2019 In Civil Writ Jurisdiction Case No.16311 of 2019 ====================================================== Archana Kumari, D/o Ravindra Kumar, Resident of Mohalla- Linepar, Mirjapur, Nawada, P.S.- Nawada, District- Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar through Sri Deepak Kumar, the Chief Secretary, Govt. of Bihar, Patna.

2.

Sri Gupteshwar Pandey, D.G. Police, Patna, Bihar. 3.

Sri Chhatraneel Singh, DIG, Military Police, Uttari Mandal, Muzaffarpur. 4.

Sri Vinay Kumar, DIG, Magadh Range, Gaya.

5.

Anand Kumar, Commandant BMP- 7, Katihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shruti Sinha For the Opposite Party/s :

Mr.Md. Nadim Seraj (Gp 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-02-2020 A rejoinder affidavit has been filed during the course of arguments. Let it be taken on record. From the perusal of records, it appears that the petitioner while serving as Constable was made accused in three different cases of minor nature and therefore she was dismissed from service. Before her dismissal, a permission was granted to her to appear in an examination for appointment of Sub-Inspector, in which examination she stood successful. However, she was

Patna High Court MJC No.4338 of 2019(4) dt.26-02-2020 2/3 not sent for training on the ground that her appointment as constable was terminated.

This Court vide order dated 22.08.2019 was of the view that with the passing of the examination of the petitioner for another post, there could not have been any impediment for the reason of her dismissal from service of Constable. In that event, this Court had directed the petitioner to make a representation before the DGP, who was further directed to verify the facts and pass a reasoned order in accordance with law. In compliance of the aforesaid order of this Court dated 22.08.2019, an order has been passed by the DGP, Bihar.

This Court is not assaying the aforesaid order for the reason that in contempt jurisdiction, it is not to be tested whether the order is sustainable on scrutiny of law.

The petitioner would be at liberty to challenge the order, if so advised.

Patna High Court MJC No.4338 of 2019(4) dt.26-02-2020 3/3 So far as this petition for contempt is concerned, with the compliance of the order passed by this Court, this Court does not deem it appropriate to proceed in the matter any further.

The record of this case is consigned.

(Ashutosh Kumar, J) Skm/ Gaurav U