Patna High Court CWJC No.9197 of 2010 (3) dt.14-10-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9197 of 2010 ====================================================== 1. Md. Izharul Haque Khan, S/O Late Md. Hanif Khan, R/O Village Tazpur Kurra,P.S. Dildar Nagar, District Ghazipur, U.P., Presently Posted As Constable No. 571 In The Office Of Police Inspector, G.R.P. Mokama. .... .... Petitioner/s Versus 1. The State Of Bihar Through The Director General And Inspector General Of Police ,Bihar, Patna. 2. The Deputy Inspector General Of Police, Railway, Bihar,Patna. 3. Superintendent Of Police,Railway,Patna. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Awadhesh Kumar Mishra Mr. Ramesh Kumar Mishra Mr. Harihar Ojha Mr. Chandra Bhushan Upadhyay For the Respondent/s : Mr. (Sc22) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 3 14-10-2011 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order of punishment dated 1.12.2008 visiting him with stoppage of one increment equivalent to two black marks and that nothing beyond subsistence allowance shall be payable for the period of suspension. The petitioner is stated to have been a Constable in the G.R.P. The allegations relate to an alleged occurrence on the railway platform. The order of punishment has been affirmed in appeal by the D.I.G. Learned counsel for the State has raised a preliminary Patna High Court CWJC No.9197 of 2010 (3) dt.14-10-2011 objection that the petitioner has not exhausted one more alternate remedy of memorial before the Director General of Police. In view of that objection learned counsel for the petitioner prays for leave to withdraw the application to avail the alternative remedy of memorial. Since the application is sought to be withdrawn on the objection of the State, the memorial is now required to be considered on its merits. Only if the petitioner files such memorial within 30 days from today, let the same be considered and disposed off in accordance with law by a reasoned and speaking order. The application is disposed as withdrawn. Krishna Chandra Jha/- (Navin Sinha, J)