IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7835 of 2009 GURUBACHAN SINGH, SON OF LATE ADITYA NARAIN SINGH, R/V AMNAUR, P.O. & P.S. AMNAUR, DISTRICT SARAN-----PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME, GOVERNMENT OF BIHAR, PATNA. 2. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA. 3. THE INSPECTOR GENERAL OF POLICE, BHAGALPUR ZONE, BHAGALPUR. 4. THE DEPUTY INSPECTOR GENERAL OF POLICE, EASTERN RANGE, BHAGALPUR. 5. THE SUPERINTENDENT OF POLICE, BHAGALPUR. 6. THE DEPUTY SUPERINTENDENT OF POLICE, HEADQUARTER(1ST) CUM CONDUCTING OFFICER, BHAGALPUR-------RESPONDENTS. ----------- 02. 14.07.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner was subjected to a departmental proceeding and was dismissed. Against the dismissal order he has moved in appeal, the appellate authority converted the punishment of dismissal into reduction/forfeiture of the last five increments earned by the petitioner. Appellate order was approved by the D.G.-cum-I.G., Bihar, Patna under order bearing Memo No. 5818 dated 23.12.2005, Annexure-18. In the light of Annexure-18, when the order was already implemented vide order bearing Memo No. 21 dated 5.1.2006, Annexure-19, learned Director General suo motu exercised the power under Rule 853 A of the Bihar Police Manual and again dismissed the petitioner from service under order bearing Memo no. 2466 dated 2.6.2008, Annexure-20. Against Annexure-20 petitioner has represented before the Principal Secretary, Department of Home, Government of Bihar, Patna, Respondent No.1 as according to the petitioner Director General having approved the appellate order ought not to have exercised the suo motu jurisdiction in terms of the provisions contained in Rule 853A of the Bihar Police Manual and - 2 - ought not to have again dismissed the petitioner. Such representation dated 11.7.2008, Annexure-21 has not yet been disposed of by the Principal Secretary, Department of Home, Government of Bihar, Patna, respondent no.1. 3. Let the Principal Secretary, Department of Home, Government of Bihar, Patna, Respondent No.1 consider and dispose of the representation of the petitioner dated 11.7.2008, Annexure-21 and communicate his order to the petitioner as early as possible, in any case within two months from the date of receipt/production of a copy of this order. 4. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)