Ajit Kumar Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.613 of 2025 ====================================================== Ajit Kumar Roy, S/o- Pradip Prasad, R/o- Village- Bala Bigha, P.S.- Belaganj, District- Gaya.

... ... Petitioner/s

Versus

1.

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

2.

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

The Inspector General of Police, Magadh Range, Gaya. 4.

The Superintendent of Police, Jehanabad.

5.

The Deputy Superintendent of Police, Jehanabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Paswan, Advocate For the Respondent/s :

Standing Counsel-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-07-2026 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner has filed the instant application for the following reliefs :- "i. For issuance of an order, direction or a writ of certiorari for quashing and setting aside of the departmental inquiry No. 05/22 against the petitioner and relief from the charges levelled against him by the respondent authorities.

ii. Further for quashing and setting aside all orders, proceedings, and penalties arising out of the disciplinary actions taken against the petitioner by the respondent

Patna High Court CWJC No.613 of 2025(4) dt.13-07-2026 2/3 authorities.

iii. Further for a direction to quash any adverse remarks, notations, or records in service file of the petitioner that were placed as a result of the disputed disciplinary proceedings or penal orders. thereby ensuring his service record is unblemished.

iv. Further for a direction that, upon quashing the aforementioned orders, all his rights, entitlements, benefits, and privileges be immediately restored.

v. Further for an order to quash any unjustified financial liabilities, penalties, or recoveries imposed on him due to the disciplinary actions, with an instruction for the refund of any amount already recovered or withheld.

vi. Further orders or directions that the Hon'ble Court may deem just, fit, and proper to ensure that the petitioner is fully exonerated and restored to his rightful status."

3. At the outset, it is submitted by learned counsel for the respondents that though no prayer has been made for quashing of the order dated 2.11.2022 passed by the Inspector General of Police, Magadh Range, Gaya (Annexure-P/11), the petitioner has in fact come to this Court against the said order. It is further submitted that the petitioner has not availed the alternative remedy available to him by filing a memorial before

Patna High Court CWJC No.613 of 2025(4) dt.13-07-2026 3/3 the Director General of Police, Bihar, Patna against the order dated 2.11.2022.

4. Having heard learned counsel for the parties and having perused the contents of the petition, the Court finds substance in the submissions made by learned counsel for the respondents.

5. In view of the facts and circumstances of the case, the writ application is disposed of giving liberty to the petitioner to file a memorial before the Director General of Police, Bihar against the order dated 2.11.2022 passed by the Inspector General of Police, Magadh Range, Gaya within a period of four weeks.

6. If such a memorial is filed, the Director General of Police, Bihar, Patna (respondent no.2) shall decide the same within a period of three months from the date of its filing.

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

(Partha Sarthy, J) avinash/- U