Patna High Court
Dhanju SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court directed the petitioner to file a fresh representation and the Superintendent to decide within the stipulated time, thereby disposing of the writ petition.
Summary
The petitioner, Dhanju Sharma, was dismissed from his constable post on allegations of using a fake Homeguard certificate, and a departmental proceeding was concluded against him. He was subsequently acquitted of the same offence by a criminal court and sought a review of his dismissal, along with arrears of salary and seniority benefits. The petitioner had filed a representation before the Superintendent of Police, Rohtas, but no decision was taken. The Court observed that the representation was filed in 2021 and directed the petitioner to file a fresh representation within 30 days, after which the Superintendent must decide within 90 days. Accordingly, the writ petition was disposed.
Issues considered
- Whether the dismissal of the petitioner can be reviewed in view of his acquittal by a criminal court
- Whether the pending representation before the Superintendent of Police should be considered for relief
Subjects
- dismissal
- constable
- fake Homeguard certificate
- acquittal
- representation
- departmental proceeding
- writ petition
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1441 of 2022
======================================================
Dhanju Sharma S/o Late Birbal Sharma Resident of Village- Satbahini, P.O.-
Satbahini, P.S.- Bishrampur, District- Palamu (Jharkhand).
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Director General of Police, Police Department, Bihar, Patna.
3. Deputy Inspector General of Police (Human Rights), Bihar, Patna.
4. Superintendent of Police, Rohtas at Sasaram.
5. Sergeant Major, Police Line, Dehri, Rohtas.
6. The State of Jharkhand x
7. Deputy Commandant General-cum-Deputy Inspector General of Police
(Home Guard) Jharkhand Home Guards, Jharkhand, Ranchi.
8. Divisional Commandant, Jharkhand Home Guards, Ranchi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhat Ranjan Singh, Advocate
Mr. Ajay Kumar Tiwari, Advocate
For the Respondent/s : Mr. Md. Nadim Seraj (GP-5)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
7 19-01-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for the
following reliefs:-
(i) For that petitioner had been
initially dismissed from the post of Constable
on the charges leveled for the alleged
offence of using fake Homeguard certificate.
A departmental proceeding had been
launched and concluded against the
Patna High Court CWJC No.1441 of 2022(7) dt.19-01-2026
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petitioner and now petitioner has been
acquitted by a Criminal Court for the same
alleged criminal offence of citing fake
Homeguard certificate, and as such in view
of liberty accorded by a bench of this
Hon'ble Court C.W.J.C. in No. 5112/2008 dt.
29.04.2011 (Dhanju Sharma, Petitioner Vs
The State of Bihar and Ors), petitioner prays
for direction to the Respondents to review
the order of Dismissal of the petitioner from
the post of Constable, in the light of
provision contained in Clause 7 of Govt.
Letter dt. 23.8.1963.
(ii) For that petitioner further
prays for direction to the Respondents to
provide consequential benefits including him
all arrears of salary, seniority amongst his
cadres etc.
(iii) For any other relief (s) for
which petitioner is found entitle on the facts
of this case and also in the eye of law.
3. Learned counsel for the petitioner submits that he
has filed a representation before the Superintendent of Police,
Rohtas at Sasaram (respondent No. 4), but respondent No. 4 has
not taken any decision on the representation.
4. Learned counsel for the State submits that the
genesis of the petition was based on forgery and fabrication, but
Patna High Court CWJC No.1441 of 2022(7) dt.19-01-2026
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he fairly submits that, from the pleadings, it transpires that no
decision has been taken as yet on the petitioner’s representation.
5. It transpires to this Court that the said
representation was filed in the year 2021. It is for this reason the
petitioner is hereby directed to file a fresh representation, and he
is free to raise all the points in his representation before the
Superintendent of Police, Rohtas at Sasaram (respondent No. 4)
within 30 days from the date of passing of this order. Upon
receipt of the representation, respondent No. 4 shall take a
decision thereon within 90 days thereafter.
6. Accordingly, with the above directions, the present
writ petition stands disposed off.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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