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Patna High Court

Shashi Bhushan Pd. SinghversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

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


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