Patna High Court
Wakil SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The Court directed the respondent authorities to proceed with and conclude the Rule 43(b) proceeding against the petitioner within a reasonable period, without setting aside the dismissal order.
Summary
Wakil Singh, a former Sub‑Inspector of Police, challenged his dismissal effected by District Order No. 3927 of 2021 under the Police Manual and Rule 14(X) of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005. He filed a writ seeking to set aside the dismissal and contended that a subsequent proceeding under Rule 43(b) of the Bihar Pension Rules was impermissible because the alleged occurrence was more than four years old. The High Court, after hearing counsel, disposed of the writ application with the parties' consent and directed the respondent authorities to continue and conclude the Rule 43(b) proceeding within a reasonable time, in accordance with law. The order of dismissal was not set aside; instead, the court ordered the administrative process to proceed.
Issues considered
- Whether the dismissal order of the petitioner can be set aside by a writ of certiorari.
- Whether the proceeding under Rule 43(b) of the Bihar Pension Rules is maintainable given the alleged four‑year limitation.
- Whether the respondent authorities are obliged to conclude the Rule 43(b) proceeding within a reasonable period.
Legislation cited
- Bihar Pension Rules — s. Rule 43(b)
Subjects
- dismissal
- police service
- writ of certiorari
- Bihar Pension Rules
- Rule 43(b)
- procedural limitation
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3013 of 2022
======================================================
Wakil Singh Son of Late Daroga Singh Resident of Village-Belaha, Police
Station-Muffasil (Buniyadganj), Gaya, District-Gaya at Present Residing at
Kalyani Co-Operatigve near Satya Gas Godown Harnichak Anishabad, Patna-
800002.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Home Department, Govt. of Bihar,
Patna.
2. The Director General of Police, Bihar, Patna.
3. The Inspector General of Police, Tirhut Range, Muzaffarpur.
4. The Superintendent of Police, Sitamarhi.
5. The Enquiry Officer-Cum-Deputy Superintendent of Police, Head Quarter,
Sitamarhi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Prasad Singh, Sr. Advocate
Mr. Rajeev Kumar, Advocate
Mr. Venkatesh Kaushik, Advocate
For the Respondent/s : Mr. M. Nasrul Huda Khan, SC- 1
Md. Harun Quareshi, AC to SC- 1
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 09-04-2026 Though the instant case was listed under the heading
‘Orders on Petitions’, in view of the submissions made by
learned counsel for the petitioner, the writ application is being
disposed of with the consent of the parties at this stage itself.
2. The petitioner has filed the instant application for
the following relief:
“1. That this is an
application for issuance of an
appropriate writ/writs setting aside
Patna High Court CWJC No.3013 of 2022(4) dt.09-04-2026
2/3
the District Order No.3927 of 2021
contained in Memo No.1045 dated
29.8.2021 issued by Respondent No.3
whereby and whereunder petitioner
has been dismissed from the post of
Sub-Inspector of Police in exercise of
power stipulated under the Police
Mannual and Rule 14(X) of the Bihar
Govt. Servant (Classification, Control
and Appeal) Rules, 2005 hereinafter
referred to as CCA Rules and or to
grant any other relief or reliefs for
which petitioner is legally entitled in
the facts and circumstances of the
case.”
3. It is submitted by learned counsel for the petitioner
that the order of punishment challenged in the writ application
was set aside by the Appellate Authority and subsequent thereto
a proceeding under Rule 43(b) of the Bihar Pension Rules has
been initiated.
4. Learned counsel for the petitioner submits that the
proceedings under Rule 43(b) of the Bihar Pension Rules is not
maintainable in view of the same having been initiated with
respect to an occurrence which was more than four years old.
The petitioner has other important points which the authorities
conducting the proceeding should consider.
Patna High Court CWJC No.3013 of 2022(4) dt.09-04-2026
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5. Having heard learned counsel for the parties and
having perused the contents of the petition, the writ application
is disposed of directing the respondent authorities to proceed
with and conclude the proceeding under Rule 43(b) of the Bihar
Pension Rules against the petitioner in accordance with law
within a reasonable period.
6. The writ application stands disposed of.
(Partha Sarthy, J)
sauravkrsinha/-
U
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