Patna High Court
Shiv Balak Baitha @ Shivbalak Baitha @ Hav/ 92 Shivbalak Baitha @ Havaldar 92 Shivbalak BaithaversusThe State of Bihar through the Additional Chief Secretary,
- Decided
- Disposal
- ALLOWED
- Bench
- NANI TAGIA
Holding
The termination orders dated 13‑05‑2020, the appellate order of 03‑06‑2020 and the memorial orders of 29‑07‑2021 and 30‑09‑2021 are set aside, and the petitioners are to be reinstated with all consequential benefits.
Summary
Two police constables, Shiv Balak Baitha and Shashi Bhushan Kumar, were accused of stealing three cartons of foreign liquor from the Harnaut police barracks, leading to criminal charges under IPC sections 379 and 34 and the Bihar Prohibition and Excise Act. Departmental proceedings resulted in their termination on 13‑05‑2020, which was upheld by an appellate authority and subsequent memorial orders. The petitioners argued that earlier writ petitions (CWJC No. 17723 of 2021 and CWJC No. 17742 of 2021) involving similarly situated constables had been allowed and the termination orders set aside. The State agreed that the cases were alike. The Court, applying the principle of equal treatment, set aside the termination orders, the appellate order and the memorial orders, directing reinstatement with all consequential benefits. The writ petitions were consequently disposed of in favour of the petitioners.
Issues considered
- Whether the termination orders of the petitioners can be set aside on the ground that they are similarly situated to other constables whose termination orders were set aside in earlier writ petitions.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Indian Penal Code — s. 34, 379
Subjects
- theft
- disciplinary termination
- reinstatement
- police constable
- departmental proceedings
- similarly situated principle
- civil writ jurisdiction
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17622 of 2021
======================================================
Shiv Balak Baitha @ Shivbalak Baitha @ Hav/ 92 Shivbalak Baitha @
Havaldar 92 Shivbalak Baitha
... ... Petitioner/s
Versus
The State of Bihar through the Additional Chief Secretary,
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 17646 of 2021
======================================================
Shashi Bhushan Kumar@Shashibhushan Kumar@Hav/59 Shashibhushan
Kumar@Havaldar/59 Shashibhushan Kumar
... ... Petitioner/s
Versus
The State of Bihar through the Additional Chief Secretary,
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 17622 of 2021)
For the Petitioner/s : Mr.Manish Kumar No 13, Advocate
Mr. Rohit Kumar, Advocate
For the Respondent/s : Mr.Md. Nadim Seraj (Gp5)
Ms. Shalini, AC to GP- 5
(In Civil Writ Jurisdiction Case No. 17646 of 2021)
For the Petitioner/s : Mr.Manish Kumar No 13, Advocate
Mr. Upendra Mishra, Advocate
Mr. Sanjeeb Kr. Sanju, Advocate
Mr. Bhaskar Sandilya, Advocate
Mr. Ravi Kumar, Advocate
For the Respondent/s : Mr.Md. N.H. Khan (Sc1)
Mr. Fazle Karim, AC to SC- 1
======================================================
CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
ORAL JUDGMENT
Date : 04-05-2026
Heard learned counsel for the parties.
2. Both the petitioners, along with two others, namely
Ramjee Choudhary @ Ram Jee Choudhary and Chandra Kishore
Yadav were constables in the Bihar Police who had been accused of
stealing three cartons of foreign liquors from the police barrack of
Harnaut Police Station for which a case was also registered at,
Harnaut P.S. Case No. 33 of 2020 under Sections 379/34 of the
Patna High Court CWJC No.17622 of 2021 dt.04-05-2026
2/4
Indian Penal Code and Section 30(a) of the Bihar Prohibition and
Excise Act, 2016.
3. Departmental proceedings were also drawn up against
all the four accused persons, and enquiry report was submitted by the
Enquiry officer on 05.05.2020. Pursuant to the said enquiry report,
the disciplinary authority issued the impugned termination order
dated 13.05.2020.
4. The appeal preferred by the petitioners was rejected by
the appellate authority vide order dated 03.06.2020, so also the
Memorials filed by the petitioners have also been rejected by orders
dated 29.07.2021 and 30.09.2021, respectively.
5. Learned counsel for the petitioners have placed before
this Court a decision rendered in CWJC No. 17723 of 2021 filed by
Ramjee Choudhary @ Ram Jee Choudhary and CWJC No. 17742 of
2021 filed by Chandra Kishore Yadav, arising out of the same set of
facts. Both the writ petitions have been allowed by setting aside the
orders under challenge i.e., termination order dated 13.05.2020,
appellate order dated 03.06.2020 as well as the orders passed in the
Memorials.
6. Both the persons, namely Ramjee Choudhary @ Ram
Jee Choudhary and Chandra Kishore Yadav are the two other
persons who have been accused of stealing the three cartons of liquor
and alcohol from the police barrack of Harnaut Police Station on
Patna High Court CWJC No.17622 of 2021 dt.04-05-2026
3/4
30.01.2020 along with the petitioners for which Harnaut P.S. Case
No. 33 of 2020 was registered and also the departmental proceedings
were initiated resulting in the submission of enquiry report dated
05.05.2020 acting upon which the impugned termination order was
passed.
7. Learned counsel for the petitioners submit that since the
impugned termination order of petitioners and that of those two
petitioners in the writ petitions referred to hereinabove have
emanated from the same set of facts and the Coordinate Bench of this
Court in the two writ petitions mentioned above after consideration
of the entire matter have set aside the termination order, the same
relief may be given to the petitioners also.
8. Learned counsel for the respondents have also agreed
that the petitioners of the present two writ petitions are similarly
situated with the two petitioners, namely, Ramjee Choudhary @ Ram
Jee Choudhary and Chandra Kishore Yadav in CWJC No. 17723 of
2021 and CWJC No. 17742 of 2021, respectively, which have
already been decided, and the impugned termination orders of the
petitioners have been set aside.
9. In view of the above submissions made by learned
counsel for the petitioners as well as the learned counsel for the
State, that the petitioners of the present two writ petitions are
similarly situated with the petitioners of aforenoted two writ
Patna High Court CWJC No.17622 of 2021 dt.04-05-2026
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petitions, the impugned termination orders of the petitioners dated
13.05.2020 are also liable to be set aside.
10. Accordingly, these two writ petitions shall also stand
allowed by setting aside the termination order dated 13.05.2020;
orders passed by the Appellate Authority dated 03.06.2020 and the
orders passed by the DGP in Memorials filed by the petitioners dated
29.07.2021 and 30.09.2021, respectively.
11. As in the aforenoted two writ petitions, consequent
upon setting aside of the impugned termination orders the respondent
authorities have been directed to reinstate the petitioners with all
consequential benefits, the petitioners in these two writ petitions shall
also be reinstated in service with all consequential benefits.
12. The writ petitions stand disposed of with the above
directions.
(Nani Tagia, J)
Siddharth
Sagar/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 05.05.2026
Transmission Date NA
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