Satyadeo Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.220 of 2019 ====================================================== Satyadeo Singh S/o- Ram Prasad Singh, Resident of Village and P.S.- Dahiwar, District- Buxar.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Principal Secretary, Department of Home, Bihar, Patna. 3.

The Director General of Police, Bihar, Patna. 4.

The Inspector General of Police, Tirhut Range at Muzaffarpur. 5.

The Deputy Inspector General of Police, Champaran Range, Bettiah, West Champaran.

6.

The Superintendent of Police, East Champaran at Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ansuman Singh Mr. Ramakant Yadav For the Respondent/s :

Mr.Ravi Verma, AC to GP 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-07-2019 Heard counsel for the petitioner and counsel for the respondents-State.

Short point raised by Mr. Ansuman Singh is that impugned order purporting to dismiss the petitioner from service dated 04.03.2016 after petitioner's retirement on 28.02.2016 is unsustainable as no such order could have been passed since master servant relation had admittedly ceased to exist on 28.02.2016.

Counter affidavit merely states that after due opportunity, order has been passed. On the said point raised by

Patna High Court CWJC No.220 of 2019(3) dt.11-07-2019 2/2 the petitioner in his writ petition there is no denial. Upon petitioner's retirement on 28.02.2016 master and servant relationship ceased to exist. Authorities thereafter had no disciplinary control over the petitioner. Thereafter, no order dismissing or terminating the petitioner from service could be issued on 04.03.2016.

On this ground alone, impugned order is unsustainable in the eye of law.

Writ petition is allowed.

(Madhuresh Prasad, J) s.hassan/- U