IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6713 of 2008 Ram Ashish Singh, son of Shri Mohan Singh, village Pasai, PS Belao (Rampur), district Kaimur – Petitioner. Vs. 1) The State of Bihar, 2) The Director General and Inspector General of Police, Bihar, Patna. 3) The D.I.G. of Police, Eastern Range, Bhagalpur. 4) The Supdt. Of Police, Bhagalpur – Respondents. … For the petitioner: Mr. Awadhesh Kumar Mishra, Mr. Anand Kumar Mishra, Advocates. For the State: Mr. Neeraj raj, AC to GP XI. 2 10.5.2011 The petitioner has been dismissed from service by order, dated 28.2.2003 contained in Annexure 5 which has been passed after initiating a departmental proceeding. There are four charges levelled against the petitioner which are his long absence from duty, involvement in a case under sections 25(i)(a)/26/27/35 of the Arms Act. The appellate authority has upheld the order of the disciplinary authority vide Annexure 7, dated 16.6.2003. Being aggrieved by the order passed by the disciplinary and the appellate authorities the petitioner filed Memorial before the Director General of Police on 10.1.2004 which is still pending for disposal. The main contentions on behalf of the petitioner are, that the petitioner has been acquitted in the case under the Arms Act by judgment and order passed by the Sessions Judge, Rohtas on 9.8.2006 in Criminal Appeal No. 44/2005 and as such the fact should be considered by the Director General of Police. It is submitted that since the memorial was filed in 2004, this fact was not brought to the notice of the Director General as the order of 2 acquittal was passed later on 9.8.2006. Counsel for the petitioner contends that the involvement of the petitioner in the criminal case was due to land dispute in the village and further submits that the allegations in the case were not such, which were a deterrent to the petitioner in performing his duties. The second contention raised by the petitioner is that the order of dismissal in view of the allegations is too severe and the concerned authority ought to consider the matter involving the punishment in the right context, specifically in view of the fact that the petitioner was absent for 71 days only. It is submitted that the absence may be treated as commuted leave or the like by the Director General and the petitioner may be exonerated from the charges levelled against him. In view of the submissions aforesaid the petitioner is given liberty to bring on record the fact that he has now been acquitted in the criminal case by filing a supplementary petition to the memorial within a period of six weeks. The Director General of Police should pass orders expeditiously considering the fact that the petitioner is at the fag end of his career. This writ petition is disposed of with the aforesaid observations. haque ( Sheema Ali Khan, J.)