Patna High Court
Shashi Bhushan Pd. SinghversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- PARTHA SARTHY
Holding
The petition is dismissed for non‑prosecution as the petitioner failed to appear.
Summary
The petitioner, a Hawaldar in the Bihar Police, filed a writ petition seeking the quashing of three disciplinary orders that withheld his salary, imposed black marks and kalank for alleged non‑refund of money and for failing to join duty due to illness. He claimed the punishments were arbitrary and that he had medically informed the department of his inability to join. The petition asked the court to issue writs of mandamus to set aside the orders dated 26‑04‑2012, 07‑09‑2011 and 19‑10‑2016. No counsel appeared for the petitioner, while the respondent’s counsel, Mr. Manish Kumar, was present. The High Court observed the petitioner’s failure to appear despite notices and dismissed the petition for non‑prosecution, leaving the disciplinary orders intact.
Issues considered
- Whether the writ petition can be entertained in the absence of the petitioner’s appearance
- Whether the disciplinary orders imposing salary withholding, black marks and kalank can be quashed by a writ of mandamus
Subjects
- writ of mandamus
- quashing order
- police disciplinary action
- salary withholding
- black mark
- kalank
- non‑prosecution
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2190 of 2017
======================================================
Shashi Bhushan Pd. Singh Son of late Saryug Singh Resident of Village-
Jawas, P.O.- Dhiradar Jawas P.S.- Barahiya, District- Lakhisarai.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Director General of Police, Govt. of Bihar, Patna
3. The Inspector General of Police, Bihar, Patna
4. The Deputy Inspector General Magadh Range, Gaya
5. The Senior Superintendent of Police, Gaya
6. The Superintendent of Police, Gaya
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. Manish Kumar, GP 4
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 19-01-2026 1. No one appears for the petitioner. Learned counsel
for the respondents are present.
2. The petitioner has filed the instant application
for the following reliefs:
“(i) For issuance of an appropriate writ/writs of
mandamus to quash and set aside the order
dated 26-4-2012 contained in Memo No. 2593
issued by the respondent Dy. Inspector General
of Police, Magadh Range Gaya by which
punishment of withholding of salary for the
period 01-07-2007 to 22-06-2008 total 357 and
two black mark passed by Senior Superintendent
of Police Gaya has been affirmed partly by
Patna High Court CWJC No.2190 of 2017(3) dt.19-01-2026
2/3
affirming only reducing punishment of two black
spot into one black spot.
The respondents has seized the salary and
treated aforesaid period spent under extra-
ordinary leave, while the petitioner was posted
as Hawildar in district police force, Gaya
The respondent Deputy Inspector General of
Police Magadh Range Gaya has affirm the order
of punishment awarded except reducing one
black mark awarded by the Superintendent of
police, Gaya withholding of salary for the period
1.7.2007 to 22.6.2008 and also two Kalank.
(ii) Further to quash the order dated 7.9.2011
contained in Memo No. 4713 issued by the
Superintendent of Police, Gaya by which the
respondent has awarded two kalank and also
seized salary for the period 1.7.2007 to
22.06.2008.
The aforesaid punishment has been awarded
for the charge not refunding Rs. 59,000/- to one
Hawaldar Shashi Bhushan Singh which was
taken by petitioner for marriage of his daughter.
The said action has nothing to do with the
aforesaid work and further the petitioner was
charged for not joining on transferred place
ignoring the fact that the petitioner was fell in ill
and he duly informed with prescription through
Parichari prewar, Gaya and as such he could not
join and after medically fit when he went to join
his duty his joining as not accepted because he
Patna High Court CWJC No.2190 of 2017(3) dt.19-01-2026
3/3
has not refunded Rs. 50,000/- which he has taken
from said constable Arbind Kumar and unless
and until he will refund said money his joining
were not accepted.
(iii) Further to quash the memo No. 5494 dated
19.10.2016 issued by the respondent Director
General of Police Bihar, Patna by which
memorial of petitioner has been rejected.
(v) For any other reliefs to which the petitioner
may be found entitled to in the facts and
circumstances of the case.”
3. No one appeared on behalf of the petitioner on
21.11.2024 also.
4. The case is dismissed for non-prosecution.
(Partha Sarthy, J)
Bibhash/-
U
Checking your session…