Created by Fuzzy Cloud

Patna High Court

Dhanju SharmaversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/3




                                  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
                                                     3/3




                   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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.