JAI KRISHNA RAI CONSTABLE Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsels for the respective parties. In the instant petition, petitioner has prayed for following reliefs:

(2.) Petitioner was subjected to parallel proceedings in a disciplinary proceedings, he was punished on 10/11/2010 in imposing the penalty of withholding of one increment with cumulative effect and suspension has been treated as half earned leave. In the penalty order itself, an observation has been made by disciplinary authority that in the event of petitioner acquittal in the criminal case, the penalty order would be modified. The petitioner was acquitted in the criminal proceeding on 7/6/2017.

(3.) Pursuant to the acquittal order dtd. 7/6/2017, the Director General of Police invoked Rule 853 A of Bihar Police Manual and suo muto reviewed the order of penalty dtd. 10/11/2010 while setting aside the order of penalty and ordered for fresh departmental enquiry on 23/11/2017. which is the subject matter of the present petition.