IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16894 of 2009 1. MD. SHAFIQUE ANSARI S/O LATE MD. JUMMAN MIAN PERMANENT RESIDENT OF VILL. AND POST- BARKA RAJPUR, P.S.- SIMRI, DISTT.- BAKSAR AND PRESENTLY RESIDING AT NEW MILLAT COLONY, SECTION-9, PHULWARI SHARIF, KHAGAUL ROAD, P.S.- PHULWARI SHARIF, DISTT. AND TOWN - PATNA Versus 1. THE STATE OF BIHAR REPRESENTED THROUGH THE CHIEF SECRETARY GOVERNMENT OF BIHAR, PATNA 2. THE INSPECTOR GENERAL OF POLICE - CUM - DIRECTOR GENERAL OF POLICE BIHAR, PATNA 3. THE DEPUTY INSPECTOR GENERAL OF POLICE HEADQUARTERS, BIHAR, PATNA 4. THE DEPUTY INSPECTOR GENERAL OF POLICE EASTERN RANGE, BHAGALPUR 5. THE DEPUTY INSPECTOR GENERAL OF POLICE CENTRAL RANGE, PATNA 6. THE SUPERINTENDENT OF POLICE BHAGALPUR 7. THE DEPUTY SUPERINTENDENT OF POLICE, NAGAR BHAGALPUR- ENQUIRY OFFICER 8. THE SENIOR SUPERINTENDENT OF POLICE PATNA, BIHAR 9. THE STATE OF JHARKHAND 10. THE INSPECTOR GENERAL OF POLICE- CUM - DIRECTOR GENERAL OF POLICE JHARKHAND AT RANCHI 11. THE DEPUTY INSPECTOR GENERAL OF POLICE NORTH CHOTANAGHPUR RANGE, HAZARIBAGH, JHARKHAND 12. THE SUPERINTENDENT OF POLICE CHATRA, JHARKHAND ----------- For the Petitioner:- Shri R.B. Mahto, Sr. Adv. Mr. K. Ravish, Adv. For the State of Bihar:- Mr. Ashok Kumar Dubey, AC to AAG-9 For the State of Jharkhand:- Dr. S.D. Mishra, Adv. -------------- 2. 27.1.2010 Heard learned counsel for the petitioner and the State. The petitioner is stated to have been dismissed from Police service where he held the rank of Assistant Sub Inspector of Police. The facts that the alleged misdemeanor were committed while he was in the undivided State of Bihar, the subsequent allocation to the State of Jharkhand and returne to the State of Bihar etc. are not relevant to be noticed presently in view of the fact 2 that against his order of dismissal, he is stated to have filed an application before the Chief Minister of the State on 26.3.2007 and which is stated to be still pending. The argument on behalf of the State that it was not an appeal as it was not filed before the competent authority under the Bihar Police Manual may technically be correct. This Court therefore, directs the representation dated 26.3.2007 to be treated as a Memo of appeal while simultaneously granting liberty to the petitioner to supplement the statements made therein, if so advised, by further application before the appellate authority, i.e., respondent no. 2, within a maximum period of one month. The allegations of alleged gross procedural violations in the context of the departmental proceedings contrary to the basic principles of natural justice, causing prejudice to the petitioner, as was urged before this Court are all matters to be considered properly by the appellate authority and disposed by a reasoned and speaking order based on the materials and arguments that may be raised before him. Let respondent no.2, dispose off such appeal within a maximum period of four months from the date of receipt/production of a copy of this order, provided the petitioner files his additional pleadings, prayed on his behalf within the time fixed above. The application stands disposed. P. Kumar (Navin Sinha, J.)