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Patna High Court

Dharmendra KumarversusThe Union of India

Decided
Disposal
WITHDRAWN

Holding

The application is dismissed as withdrawn.

Summary

The petitioner, a CRPF officer, filed a writ petition challenging a demotion order dated 02‑12‑2025, alleging that it contravened the Central Civil Services (Classification, Control and Appeal) Rules and the principles of natural justice, and seeking restoration of facilities and benefits after being acquitted in two criminal cases. The petition also prayed for any other appropriate relief. The petitioner’s counsel subsequently sought permission to withdraw the application. The Patna High Court, after noting the request, dismissed the application as withdrawn without addressing the merits of the demotion order. Consequently, the demotion order remains in force. The order was pronounced by Justice Partha Sarthy.

Issues considered

  • Whether the demotion order violates the Central Civil Services (Classification, Control and Appeal) Rules and the principles of natural justice

Subjects

  • demotion
  • civil service
  • natural justice
  • writ of certiorari
  • withdrawal
  • Central Civil Services Rules
  • CRPF

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4312 of 2026
                 ======================================================
                 Dharmendra Kumar Son of Kailash Singh, Resident of Village- Sarba, Police
                 Station- Sheikhpura, District- Sheikhpura.

                                                                         ... ... Petitioner/s
                                                 Versus
           1.    The Union of India through the Secretary, Ministry of Home Affairs, New
                 Delhi.
           2.    The Deputy Inspector General Group Centre, CRPF, Mokamaghat, Bihar.
           3.    The Commandant-16 BN CRPF PAC CAMP, Ranchi, Bangar, Mathura
                 (U.P).

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :       Mr. Bipin Kumar, Advocate
                 For the U.O.I              :       Mr. Kumar Priya Ranjan, Sr. Panel Counsel
                                                    Mr. Sandeep Kumar, Advocate
                                                    Mr. Sudarshan Bharadwaj, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   26-03-2026                   The petitioner has filed the instant application for the

                   following relief (s) :-

                                        “1. (i) For the issuance of a writ/writs, order, or
                                        direction in the nature of certiorari, to quash the
                                        order no, 12/2025- EST-BR-DAI-EST-GCMKG
                                        dated 02.12.2025, where by and where under the
                                        demotion order of the petitioner has been issued
                                        in clear contravention of Central Civil Services
                                        (Classification, Control and Appeal) Rules and
                                        principle of natural justice, as there is no reason
                                        for the demotion of petitioner is mentioned
                                        therein.
                                        (ii) To provide all the facilities and consequential
                                        benefits regarding which the petitioner is entitled,
                                        as the petitioner was deprived of the benefits due
         Patna High Court CWJC No.4312 of 2026(2) dt.26-03-2026
                                                     2/2




                                    to pendency of two criminal cases, bearing Case
                                    no. Mokama P.S. Case No. 155 of 2006 and
                                    Mokama P.S. Case No. 140 of 2012 and in both
                                    the cases learned court below has acquitted the
                                    petitioner by order dated 05.12.2024 and
                                    16.07.2025 respectively.
                                    (iii) For any other writ/writs, order/orders,
                                    direction/ directions as this Hon'ble Court may
                                    deem     fit   and     proper   in   the   facts   and
                                    circumstances of this case.”


                               2. Learned counsel for the petitioner seeks permission

                   to withdraw this application.

                               3. The application is dismissed as withdrawn.



                                              (Partha Sarthy, J)
Shiv/-

U


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