IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11930 of 2006 JAI NANDAN SHARMA, SON OF LATE RAMASHRAYA SINGH, RESIDENT OF VILLAGE – DORWAN, P.S. DULHIN BAZAR, DISTRICT – PATNA. ………… PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE D.G.P. (DIRECTOR GENERAL OF POLICE), PATNA, BIHAR. 3. DEPUTY INSPECTOR GENERAL OF POLICE, SAHABAD REGION (DEHRI-ON- SONE), DALMIANAGAR. 4. THE SUPERINTENDENT OF POLICE, ARA, BHOJPUR. …………. RESPONDENTS. ----------- 02/ 18.05.2011 Heard counsel for the petitioner and counsel appearing for the State. Petitioner has challenged the order of dismissal dated 12.7.1990 passed by the Superintendent of Police, Ara, Bhojpur. The dismissal order was passed in a departmental proceeding initiated against the petitioner for the alleged charges framed against him. The dismissal order was passed against the petitioner after issuance of second show cause notice with the proposed punishment. Counter affidavit filed on behalf of State indicates that the petitioner did not submit any show cause despite receiving the notice for filing show cause. It is alleged that petitioner entered into the room of Constable Ram Hriday Sharma with revolver, in a drunken condition, abusing and 2 threatening him to be killed. This was considered an act of gross indiscipline and as such departmental proceeding was initiated. Witnesses were examined and finally the order of dismissal was passed. In the counter affidavit it has been stated that vide Memo No. 2875/R.O. dated 27.7.1990 the dismissal order was communicated to the petitioner, it was never challenged by him. The punishment order passed in the year 1990, remained unchallenged. In order to explain this delay petitioner has taken this plea that he had no knowledge about his dismissal. When came to know about the order of dismissal from service, he filed an appeal. What happened to this appeal, it is neither mentioned in the writ application nor in the counter affidavit. Counter affidavit is completely silent regarding filing of the appeal by the petitioner. It has not been stated that no such appeal was filed. The reason disclosed for filing so called delayed appeal, is petitioner’s ailment due to heart disease. Mr. Yogesh Chandra Verma, counsel appearing for the petitioner has submitted that the 3 dismissal order dated 7.12.1990 contained in Bhojpur District Order No. 1530/90 do not indicate that for which charges the order of dismissal has been passed. Simply it is mentioned that since the charges are serious and proved, petitioner is being dismissed from service. It is completely a vague order and on this count itself the order is fit to be quashed. Other grounds taken for challenging the impugned order, are non-supply of the enquiry report, non-production of evidence and non-availability of opportunity, for participating in the departmental proceeding. However, the delay of more than 16 years has not been explained. Once the petitioner had knowledge, as per his own admission in the year, 1995, there was no reason for not moving before any appropriate forum, for challenging the impugned order of dismissal. This application, though otherwise fit for dismissal on the ground of delay only, but considering the fact that there is no denial in the counter affidavit regarding the pending/disposal appeal preferred by the petitioner in the year, 1995, this matter need re-consideration by the Appellate 4 Authority. The petitioner is being provided with an opportunity to pursue his pending appeal, claimed to have been preferred in the year, 1995. A copy of which has been annexed with the writ application. Accordingly, this application is being disposed of, directing the Deputy Inspector General of Police, Sahabad Regiion (Dehri-on-Sone) to pass an order in the appeal preferred by the petitioner in the year 1995. In case the appeal has already been dismissed, the petitioner will be supplied the order passed in the appeal. Otherwise the appeal preferred by the petitioner shall be disposed of within eight weeks from the date of production/communication of this order, with a reasoned order. DKS/ (Mridula Mishra, J.)