IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11560 of 2006 SRIKANT SHARMA, SON OF LATE RAJ BALLABH SHARMA, RESIDENT OF VILLAGE – KHAPURA, POLICE STATION – DULHIN BAZAR, DISTRICT – PATNA. ………… PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE HOME SECRETARY, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA. 2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, GOVT. OF BIHAR, PATNA. 3. INSPECTOR GENERAL, MILITARY POLICE, BIHAR, PATNA. 4. THE DEPUTY DIRECTOR GENERAL OF POLICE, MILITARY POLICE (CENTRAL RANGE), PATNA. 5. THE COMMANDANT, BIHAR MILITARY POLICE -16, PHULWARISHARIF, PATNA. …………. RESPONDENTS. For the Petitioner : - Mr. L.N. Das, Advocate Mr. D.N. Mallik, Advocate For the State : - Mr. Gotam Bose, Sr. Advocate Mr. Rohit Mishra, Advocate ----------- 03/ 06.05.2011 Heard counsel for the petitioner and counsel appearing for the State. Departmental Proceeding No. 17 of 2000 was initiated against the petitioner for dereliction of duty while posted as Constable No. 65 of B.M.P. 16 at Giridih. Departmental proceeding concluded and punishment of dismissal from service was awarded against the petitioner vide Memo No. 1654 /2000 dated 7.11.2000. Appeal preferred by the petitioner was also dismissed and communicated to him vide Memo No. 603 dated 29.3.2011. Memorial filed by the petitioner was also dismissed vide order contained in Memo No. 2 543 dated 26.3.2002. Petitioner preferred C.W.J.C. No. 10892 of 2002 challenging all three orders. Specific case of the petitioner was that other constables as well as Maheshwar Prasad Singh, who were also posted at the relevant time at Giridih and against whom also similar departmental proceeding had been initiated. They preferred writ application and specific direction issued by the High Court to the Director General of Police was for giving an opportunity of hearing and to reconsider their memorials, already dismissed. The writ application filed by the petitioner was also disposed of, giving direction to the Director General of Police, remitting the case back for re-hearing of memorial and passing an order on question of sentence. On remand the impugned order dated 1.3.2006 contained in Memo No. 1037 has been passed by the Director General of Police affirming the punishment of dismissal against the petitioner. This writ application has been filed by the petitioner on the ground that while remanding the case to the D.G.P. for reconsideration of memorial preferred by the petitioner on the question of sentence, direction 3 was that order be passed after giving an opportunity of hearing to the petitioner, in a similar manner as in the case of Maheshwar Prasad Singh. But, that direction was not complied with. Petitioner was not given an opportunity of hearing and merely on consideration of documents and materials on record, the D.G.P. has passed the impugned order. A supplementary affidavit has been filed by the petitioner annexing orders passed by the D.G.P. on memorial preferred by Ramashish Singh and Shashi Prakash Singh. In their cases also earlier memorial had been dismissed. However, on the direction of the High Court they were given opportunity of personal hearing on question of sentence. The punishment of dismissal was modified and less severe punishment was awarded against them. On perusal of the impugned order, it is apparent that the petitioner was not given an opportunity of hearing, despite there being specific direction in C.W.J.C. No. 10892 of 2002 dated 27.6.2005. Considering this fact, the order dated 1.3.2006 4 contained in Memo No. 1037, whereby the D.G.P., Bihar, Patna has dismissed the memorial of the petitioner, is quashed. The matter is again remitted to the D.G.P., Bihar, Patna for reconsideration of the memorial preferred by the petitioner, specially on the question of sentence, after given an opportunity of hearing to the petitioner. In case the order is passed in favour of the petitioner and the sentence of dismissal awarded is modified or the D.G.P. is of the view that there is no scope for modification of the sentence, he will assign reason, distinguishing the case of the petitioner from the case of Maheshwar Prasad Singh, Ram shish Singh and Shashi Prakash Singh. The D.G.P., Bihar himself pass an order on the memorial of the petitioner, on question of sentence within six weeks from the date of production/communication of this order. This application is, accordingly, disposed of. DKS/ (Mridula Mishra, J.)