PATNA HIGH COURT ISSUES JUDGEMENT ON SARWON KUMAR V/S THE STATE OF BIHAR AND OTHER

PATNA, India, Sept. 22 -- Patna High Court issued the following judgment on Aug. 22:

This Court has heard Mr. Abhinav Srivastava, learned Senior Advocate with Mr. Shubham Priyadarshi, learned Advocate for the petitioner and Mr. Manoj Kumar, learned Advocate for the State.

2. The challenge made in the present writ petition is the order dated 02.06.2020 bearing Memo No. 173 passed by the Inspector General of Police, Central Range, Patna, by which the petitioner has been inflicted with the punishment of dismissal from service. The appeal preferred by the petitioner also came to be rejected vide order dated 07.10.2020 passed by the Additional Director General of Police (Law and Order), Bihar, Patna, which order is also put to challenge in the present writ petition.

3. The factual matrix of the case, as culled out from the materials available on record, are as follows:

(i)The petitioner was appointed as a Constable in the services of Bihar Police. Having promoted to the post of Assistant Sub Inspector in November, 2016, the petitioner was posted at Beur Police Station, Patna on 09.12.2016. On 03.02.2017, the DIG, Central Range, Patna, noticing illegal manufacturing and trade of liquor under Beur Police Station directed the concerned officer to take necessary action in this regard. On 03.02.2017, a report, as contained in Anneuxre-2 to the writ petition, was submitted disclosing the fact that the illegal trade of liquor had been running in the patronage of the Beur Police Station in connivance with other persons; the present petitioner was also stated to be involved in the trade of liquor. Under order bearing Memo No. 1097 dated 14.02.2017, the Senior Superintendent of Police, Patna placed the petitioner under suspension and further directed to take action against the Officer Incharge, Beur Police Station and others, including the petitioner.

(ii) In the aforesaid premise, the DIG, Central Range, Patna directed the SSP, Patna to conduct a departmental proceeding against Dhirendra Kumar Pandey, the Officer Incharge. Simultaneously, by letter bearing Memo No. 1097 dated 11.05.2017, a decision has been taken to initiate departmental proceeding against the petitioner. The departmental proceeding in pursuant to the said letter culminated into dismissal of the petitioner from service on 06.06.2017, which was also confirmed in appeal on 05.10.2017. Aggrieved with the aforesaid order, the petitioner, preferred review.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMjYxNSMyMDIxIzEjTg==-5uVTDQcUaEw=

Disclaimer: Curated by HT Syndication.