IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6172 of 2007 MUKESH KUMAR RANJAN SON OF RAMDEO YADAV OF VILLAGE SAJUA P.O. HATHIAN P.S. ASARGANJ, DISTRICT MUNGER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2. THE D.G. CUM I.G. OF BIHAR, PATNA. 3. THE I.G. OF POLICE, BHAGALPUR ZONE, BHAGALPUR 4. THE D.I.G. OF POLICE, MUNGER RANGE, MUNGER. 5. THE S.P. KHAGARIA. -------------- 02. 22.11.2011 Heard learned counsel for the petitioner and the State. 2. At the relevant time petitioner served as Constable with the Khagaria District police. He is aggrieved by the District Order No.148/06, Annexure-8 whereunder he along with three others has been dismissed from service with effect from the date of their disappearance from the police line. It appears fresh measurement of height, chest of the newly recruited constables was to be taken and to avoid such measurement petitioner and others disappeared from the police line and by the impugned order they have been dismissed from service from the date of their disappearance. It is submitted on behalf of the petitioner that he has preferred appeal against the impugned order before the D.I.G., Munger on 22.01.2007 and such statement has been made in paragraph-16 of the writ 2 petition. 3. In response to the writ petition a counter affidavit has been filed by the Dy. S.P., Gogri reiterating the contents of the impugned order that to avoid fresh measurement petitioner and others disappeared from the police line. In paragraph-17 averments made in paragraph-16 of the writ petition has been replied but there is no denial about the filing and pendency of the appeal filed against the dismissal order. In the circumstances, I dispose of the writ petition directing the D.I.G., Munger to consider the appeal filed by the petitioner in accordance with law, as early as possible, in any case within two months from the date of receipt/production of a copy of this order before the D.I.G., Munger. While considering the appeal it shall be open for the D.I.G. to take fresh measurement of the petitioner and if he is satisfied that the petitioner meets the parameters required for the post of Constable he may consider his reinstatement but without back wages for the period during which he has been away from the police line as also after passing of the dismissal order till date. Rajesh/ ( V. N. Sinha, J.)