Chitranjan Kumar vs The State Of Bihar & Ors.

Heard learned Counsel for the petitioner. However, no one appears on behalf of the State.

The present writ petition has been filed by the petitioner for issuance of an appropriate writ for quashing Memo No. 2504/Sa.Sha. dated 29.10.2012, issued by Commandant, BMP-06, Muzaffarpur, whereby he has dismissed the petitioner from service (Annexure-04). He further prays for quashing of Memo No. 851/391888/L-1 dated 03.10.2018, issued by Director General of Police Bihar, Patna, wherein it has been stated that against the order of dismissal by Commandant only appeal is provided under Rule 851(B) of the Bihar Police Manual and petitioner without submitting the same has directly filed before Director General of Police, which is not permissible, hence his application (Annexure-12) is ended. He further prays for direction to the respondents to re-induct the petitioner in service with all consequential benefits.

No one appears on behalf of the State but pleading has been filed by way of counter affidavit. It has been pleaded that the present writ application suffers the vice of delay and on this ground alone this writ application may be rejected as the petitioner was dismissed way back on 29.10.2022 by the Commandant of the then Bihar Military Police 6, Muzaffarpur (now Bihar Special Armed Police) and for ten years this dismissal order was not assailed by the petitioner. It has been pleaded that remedy of appeal against the order passed by the Commandant of BMP is before the officer of the rank of Deputy Inspector General of Police under Rule 851(b) of the Bihar Police Manual. It has been pleaded that instead of filing appeal before the Appellate Authority after many years of dismissal from service this petitioner filed application before the Police Headquarters and thus the same was not entertained on the ground of maintainability.

From perusal of order contained in Memo No. 851/391888/L-1 dated 03.10.2018 (Annexure-12), it transpires to this Court that the petitioner has preferred appeal directly before the Director General of Police and Director General of Police has indicated that this matter has been directly preferred before the Director General of Police without preferring appeal before Deputy Inspector General of Police. Therefore, he has not considered the case of the petitioner.

In that view of the matter, this writ petition is disposed off granting liberty to the petitioner to prefer appeal before the Appellate Authority within 30 days from today and the Appellate Authority shall pass a reasoned speaking order within 90 days thereafter.

In the light of the submissions made, this writ petition is disposed off directing the petitioner to avail the remedy of appeal before the Appellate Authority. If the petitioner files the appeal within 30 days from today, the delay, if any, in filing the appeal shall be condoned.