Decided on March 23,2022

Munna Kewat Appellant
STATE OF BIHAR Respondents


- (1.) Heard learned counsel for the parties. In the instant petition, petitioner has prayed for the following relief/reliefs: "That, a writ of 'certiorari' be issued :- (i) For quashing the order dtd. 30/6/2014 passed by the Respondent No. 4 whereby the petitioner was dismissed from service with immediate effect on the ground of his immoral character based on the allegation of rape of a mad woman and scuffle with the persons present at the relevant time in retaliation of being apprehended causing law and order problem as also lowering the image of police in connection with Pothia Police Station Case No. 24 of 2009 under Sec. 376 of the Indian Penal Code. (ii) For quashing the order dtd. 9/2/2012 passed by the Respondent No. 3 whereby the appeal preferred by the petitioner against his dismissal from service was rejected holding the allegation proved in the departmental proceeding. (iii) For quashing the order dtd. 13/2/2014 passed by the Respondent No. 3 whereby the memorial of appeal filed by the petitioner against the appellate order was also rejected concurring with the findings of the departmental proceeding. Further, a writ of 'mandamus' by issued :- (iv) For direction to the Respondent no. 4 to reinstate they petitioner on the post of Constable in Police Line, Kishanganj with effect from the date of dismissal i.e., 30/6/2011 with all consequential benefits. (v) For petitioner further prays for issuance of any other appropriate writ/ writs, order/ orders direction/ directions and relief/ reliefs which he is entitled to in the facts and circumstances of the case." On 20/12/2021, following order was passed: "Superintendent of Police, Kishanganj is hereby directed to file an affidavit as to whether is there any compliance of Rule 17(5)(c) relating to appointment of Presenting Officer and Sub-rule 14 of Rule 17 of Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 relating to leading evidence by the Presenting Officer and further whether copy of the Enquiring Officer's report has been furnished to the petitioner or not? Further is there any examination of Enquiring Officer's report read with the petitioner's explanation in the disciplinary authority's decision or order, if any. Such affidavit be filed before the next date of hearing. List this matter on 6/1/2022."
(2.) The concerned authority-respondent has admitted that the Presenting Officer was not appointed in terms of Rule 17(5)(c) of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 (CCA Rules, 2005). In view of the aforesaid submission, proceedings from the stage of enquiry till imposition of penalty stands set aside and petition allowed in part.
(3.) The disciplinary authority is hereby directed to continue the disciplinary proceedings from the stage of appointing the Presenting Officer. The disciplinary authority/enquiring authority are hereby directed to complete the enquiry proceedings in terms of Rules, 2005 within a period of six months from the date of receipt of this order.;

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