IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2557 of 2009 BIHARI PASWAN, Son of late Bhondu Paswan, resident of Village- Bandoh, P.S.- Rahuai, District- Nalanda :---- Petitioner. Versus 1. THE STATE OF BIHAR through Secretary Home Department, Government of Bihar, Patna. 2. The Deputy Inspector General of Police, Trihut Range, Muzaffarpur, Bihar. 3. The Superintendent of Police, Muzaffarpur, Bihar :--Respondents. ----------- 4. 16.09.2009. Heard learned counsel for the petitioner and the State. 2. This matter has been placed by the office under the heading “to be mentioned” for fixing the date of hearing in the light of the orders of this Court dated 26.2.2009, whereunder the application was admitted for hearing. Counsel for the petitioner states that if the matter is listed for hearing on any particular date without indicating the time for hearing as this Court is not able to finish even the fresh cases and the cases in the general list including the zero items, no useful purpose will be served and, accordingly, prayed that at this stage itself the case be disposed of with direction to the petitioner to assail the dismissal order bearing District Order no. 1327 of 2008, Memo No. 2427 dated 11.6.2008, Annexure-4, whereunder petitioner has been dismissed from the post of Constable by the Superintendent of Police, Muzaffarpur and the appellate order bearing Memo No. 2827 dated 23.10.2008, Annexure-8, whereunder the dismissal order has been affirmed, by filing a memorial in terms of the provisions contained in Rule 853A of the Bihar Police Manual before the Inspector General, Muzaffarpur Zone, who should consider the same in accordance with law, as early as possible, in any case within a period of two months from the date of its receipt along with a certified - 2 - copy of this order. In this connection it is pointed out that on the same allegation that petitioner as the leader of the escort party allowed the undertrial prisoner who was being brought from Darbhanga to Muzaffarpur to face the trial to interact with the shopkeepers so as to facilitate demanding of extortion money by him. On such allegation it is submitted petitioner has already been acquitted in the criminal case as none of the shopkeepers on whose statement the criminal case was lodged was examined in the criminal case as also in the departmental proceeding. The competent authority while considering the memorial shall look into the aforesaid aspect of the matter and pass appropriate orders considering the antecedent of the petitioner. 3. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)