PATNA, India, Oct. 8 -- Patna High Court issued the following judgment on Sept. 8:

Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner has filed the instant application for the following relief(s):

"i. For issuance of an appropriate writ/order/direction for setting aside the order of termination from service passed by the Superintendent of Police, Begusarai vide District Order No. 1550/2024 as contained in Memo No.4656 dt. 13.9.2024.

ii. For setting aside Appellate order passed by the Deputy Inspector General of Police, Begusarai Range, Begusarai, as contained in Memo No.300 dt.21.11.2024 and consequential Ziladesh No. 1976 / 2024 bearing Memo No.5644 dt. 6.12.24 issued by the S.P., Begusarai, whereby he rejected the Appeal preferred by the petitioner against order of termination passed by the S.P., Begusarai.

iii. For setting aside the order passed by the D.G.Police, Bihar, Patna rejecting the Memorial/revision filed by the petitioner vide Memo No. 218 dt.2.6.2025 and consequential Ziladesh No. 1066/2025 bearing Memo No.2401 dt. 15.6.2025 issued by the S.P., Begusarai.

iv. For issuance of order/direction to reinstate the petitioner in service from the date of termination with consequential benefits; v. For grant of any other relief / reliefs to which the petitioner may be entitled to, in the eyes of this Hon'ble Court."

3. The case of the petitioner in brief is that the Central Selection Board for Constable recruitment in Bihar Police came out with Advertisement no.5 of 2020 for filling up posts of Constables. The petitioner having cleared the written examination, the screening test as also the physical test was selected and recommended for appointment in Begusarai district. He was appointed as a Constable in the Bihar Police on 19.10.2022 and gave his joining in Begusarai District Police. He was issued temporary Constable no.351.

4. It is the case of the petitioner that after his joining, he filled up the character verification form wherein in response to a query as to whether the applicant was ever accused in any criminal or civil case or had been imprisoned, the petitioner replied in the negative.

5. On a report being sought by the Superintendent of Police, Begusarai, it transpired that the petitioner was an accused in Kaler P.S. Case no.49 of 2018 registered on 13.10.2018 under sections 323, 341, 379, 427, 504 and 34 of the Indian Penal Code and section 3(1)(r) and 3(1)(s) and 3(2)(va) of the S.C. and S.T. (Prevention of Atrocities) Act, 1989. On receipt of the report about the petitioner being an accused, a show cause was issued by the Superintendent of Police, Begusarai on 17.3.2023 to which the petitioner filed his reply on 30.5.2023.

6. A departmental proceeding bearing no.56 of 2023 was started on 28.3.2024 wherein the petitioner appeared and filed his reply. The conducting officer submitted his enquiry report on 31.7.2024. A copy of the enquiry report was made available to the petitioner who on being directed filed his reply to the show cause on 13.8.2024.

7. The Superintendent of Police, Begusarai by order dated 13.9.2024 passed the order of punishment terminating the petitioner from service. Being aggrieved by the order of termination, the petitioner preferred an appeal before the D.I.G., Begusarai, however, the appeal was rejected on 21.11.2024. The petitioner thereafter preferred a memorial before the Director General of Police, Bihar which also came to be rejected on 2.6.2025. The petitioner has preferred the instant application against the order of his termination as also the orders rejecting his appeal and memorial. The petitioner has further prayed that he be reinstated in service from the date of termination with consequential benefits.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTIzOTkjMjAyNSMxI04=-pj--am1--QR0e07CU=

Disclaimer: Curated by HT Syndication.