IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6555 of 2010 1. RAJENDRA PASWAN, S/O ALGU PASWAN, R/O VILLAGE-SARAON, P.S.-NATWAR, DISTRICT-ROHTAS. Versus 1. THE STATE OF BIHAR THROUGH THE HOME SECRETARY, PATNA. 2. THE DEPUTY INSPECTOR GENERAL OF POLICE, SHAHABAD RANGE, DEHRI-ON-SONE.ROHTAS. 3. THE SUPERINTENDENT OF POLICE, BHOJPUR AT ARA. 4. THE DEPUTY SUPERINTENDENT OF POLICE (2ND), BHOJPUR AT ARA. ----------- 2 12.01.2011 Learned senior counsel for the petitioner has pointed out that one Mr.A.K.Ambedkar, while he was Superintendent of Police, Bhojpur, passed the order in the disciplinary proceeding terminating the services of the petitioner. Petitioner filed his appeal. During the period the appeal was pending the same officer became D.I.G. of Police, Sahabad. Therefore, he considered the appeal also and rejected it affirming his own order passed as a disciplinary authority. This is a glaring irregularity committed by the officer in considering the appeal of the petitioner. Since his own order was under challenge in the appeal, in all propriety, he should not heard the appeal and should have referred the matter to the D.G.P. for referring the appeal to any other 2 competent officer to consider the same. Therefore, the appellate order, as contained in Annexure-3, is quashed. It is directed that the appeal of the petitioner shall be considered as pending and the Director General of Police shall refer the appeal of the petitioner to any other competent officer to hear the same in accordance with law under the Rules, with notice to the petitioner to appear before the said officer to pursue his appeal. After appearing before the Appellate Authority the petitioner will be at liberty to bring to the notice of the Appellate Authority subsequent developments and the fact that the petitioner has been acquitted in the case instituted at the instance of the complainant lady. The Appellate Authority shall be at liberty to call the complainant lady herself before him and examine her in connection with the authenticity and truthfulness of her complaint, before deciding the appeal of the petitioner in accordance with law. The Appellate Authority who will be entrusted by the D.G.P. to hear the appeal of the petitioner shall make all endeavours to 3 decide the appeal within a period of three months from the receipt of the appeal of the petitioner. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J. N. Singh, J.)