IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1237 of 2011 In Civil Writ Jurisdiction Case No. 1635 of 2011 ====================================================== Ram Narayan Yadav, S/O Late Dukh Haran Yadav, R/O Vill.- Harisbara, P.O.- Kanhauli, P.S.- Khajauli, Distt.- Madhubani. .... Petitioner .... Appellant Versus 1. The State of Bihar. 2. The Inspector General of Police, Bhagalpur. 3. The Deputy Inspector General of Police (East Region), Bhagalpur. 4. The Senior Superintendent of Police, Bhagalpur. 5. The Sub-Inspector of Police, Adampur (Out Post) Police Station, Bhagalpur. .... Respondents.... Respondents ====================================================== Appearance : For the Appellant/s : Mrs. Mahasweta Chatterjee, Advocate For the Respondent/s : Mr. Kaushal Kr. Jha, S.C.-4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 23-11-2011 Feeling aggrieved by the order dated 30th June 2011 made by the learned single Judge in above CWJC No. 1635 of 2011, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent. The matter at dispute is the order dated 27th October 2010 made by the Deputy Inspector General of Police, Eastern Region, Bhagalpur in connection with departmental proceeding No. 96 of 2008. It appears that departmental proceeding No. 96 of 2008 was initiated against the appellant, a police Head Constable, in Patna High Court LPA No.1237 of 2011 (4) dt.23-11-2011 2 / 3 2 respect of an incidence of escaping of two under trial prisoners from the custody of the appellant. By order dated 15th April 2010 made by the Superintendent of Police, Bhagalpur the appellant was ordered to be dismissed from service. The said order was challenged by the appellant in departmental appeal before the Deputy Inspector General of Police, Eastern Region, Bhagalpur. Under order dated 27th October 2010, the Deputy Inspector General of Police, Eastern Region, Bhagalpur remanded the matter to the disciplinary authority on the sole ground that a witness examined by the prosecution was not allowed to be cross- examined by the appellant. Except the order of remand, the Deputy Inspector General of Police did not make any consequential order. The appellant, therefore, filed above CWJC No. 1635 of 2011 for a direction that the appellant be treated as continued in service; be allowed to join the service; and be paid the salary. The learned single Judge has directed the appellant to approach the Director General of Police. Therefore, the present Appeal. To us, it appears that the Deputy Inspector General of Police, Eastern Region, Bhagalpur made a cryptic order without considering the records of the departmental proceedings and remanded the matter without setting aside the order of punishment made by the disciplinary authority and without making any consequential order. Such an order can not be sustained. In our opinion the ends of justice should be met, if the said order is set aside and the Deputy Inspector General of Police, Eastern Region, Bhagalpur is directed to hear and decide the appeal preferred before him by the appellant in accordance with law. For the aforesaid reasons, the order dated 27th October 2010 made by the Deputy Inspector General of Police, Eastern Patna High Court LPA No.1237 of 2011 (4) dt.23-11-2011 3 / 3 3 Region, Bhagalpur in respect of departmental proceeding No. 96 of 2008 is quashed and set aside. The Deputy Inspector General of Police, Eastern Region, Bhagalpur will consider and decide the appeal preferred by the appellant in respect of the departmental proceeding No. 96 of 2008. The appeal will be decided preferably within three months from today. The Appeal stands disposed of in the above terms. B.Tiwary/Anjani/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)