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Patna High Court

Vinod RoyversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that under Rule 28 of the Bihar CCA Rules, 2005, the time limit for exercising revision under Rule 853A(a) of the Bihar Police Manual is six months, and any revision order passed after that period is invalid.

Summary

Vinod Roy, a police constable, was suspended and subjected to disciplinary proceedings after an arrest in 2017. The disciplinary authority reduced his pay and later the Director General of Police dismissed him under Rule 853A(a) of the Bihar Police Manual. The petitioner challenged the enquiry report, the pay reduction, and the dismissal, arguing that the revision was made beyond the permissible time. The Court examined whether the term "reasonable time" in Rule 853A(a) imposes a statutory limit, and held that Rule 28 of the Bihar CCA Rules, 2005 mandates a six‑month period for any revision. Since the DGP’s dismissal order was issued more than two years after the original order, it was declared ultra vires and set aside, and the petitioner was directed to be reinstated with arrears of salary.

Issues considered

  • Whether the term "reasonable time" in Rule 853A(a) of the Bihar Police Manual imposes a specific time limit for exercising revision of disciplinary orders
  • Whether Rule 28 of the Bihar CCA Rules, 2005 applies to police personnel and prescribes a six‑month limit for revision

Subjects

  • reasonable time
  • revision
  • disciplinary action
  • Bihar CCA Rules 2005
  • Rule 853A(a)
  • police service
  • writ petition
  • reinstatement
  • quashing order

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.4721 of 2022
     ======================================================
     Vinod Roy Son of Late Bhim Roy Resident of Village- Darahpur, P.O.-
     Churamanpur, P.S.- Audhyogik Churamanpur, District- Buxar (Bihar).

                                                                       ... ... Petitioner/s
                                           Versus

1.   The State of Bihar through the Principal Secretary, Home Department, Govt.
     of Bihar, Patna.
2.   The Principal Secretary, Home Department, Govt. of Bihar, Patna.
3.   The Director General of Police, Bihar, Patna.
4.   The Inspector General of Police (Prohibition), Bihar, Patna.
5.   The Deputy Inspector General of Police, Railway, Bihar, Patna.
6.   The Superintendent          of Police,   Railway    at   Muzaffarpur,      District-
     Muzaffarpur, Bihar.
7.   Enquiry Officer-cum-Senior Deputy Superintendent of Police, Railway
     Sonepur.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :        Mr. Raju Giri, Senior Advocate
                                      Mr. Harsh Vardhan, Advocate
                                      Mr. Harsh Raj, Advocate
                                      Mr. Chetan Anand, Advocate
     For the State           :        Mr. Ajay Kumar (AC to GP-4)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                     ORAL JUDGMENT

      Date : 19-01-2026

                        Heard learned Senior counsel for the petitioner and

      learned counsel for the State.

                        2. The present writ petition has been filed for the

      following reliefs:-

                                      “I. To issue an appropriate writ /
                                      order / direction, in the nature of
                                      Certiorari,       quashing       the     enquiry
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                                         report dated 30.09.2018 submitted by
                                         the      Enquiry   officer-cum-   Senior
                                         Superintendent of Police, Railway
                                         sonepur in departmental proceeding
                                         no. 29/17 (Rail, Muzaffarpur), as
                                         contained in Annexure – 7.
                                         II. To issue an appropriate writ / order
                                         / direction, in the nature of Certiorari,
                                         for quashing order dated 30.10.2018
                                         passed by the Superintendent of
                                         Police,      Railway   Muzaffarpur,   by
                                         which the pay of the petitioner has
                                         been reduced to basic pay (grade pay)
                                         .i.e. from Grade pay of Rs. 2800/-
                                         (level-5) to Grade pay of Rs. 2000/-
                                         (level 3) for five years and the
                                         petitioner would not receive the pay of
                                         his suspension period from 3.07.2017
                                         to 19.07.2017 except the subsistence
                                         allowance which he has been paid as
                                         contained in Annexure-10.
                                         III. To issue an appropriate writ /
                                         order / direction, in the nature of
                                         certiorari for quashing the order
                                         dated 25.12.2021 passed by the
                                         Director General of Police, Bihar,
                                         Patna in purported exercise of power
                                         under Rule 853 A (a) of the Bihar
                                         Police Manual, 1978 (vol-1) by which
                                         the petitioner has been dismissed from
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                                         service.
                                         IV. To issue an appropriate writ /
                                         order / direction, in the nature of
                                         mandamus        commanding         the
                                         respondents to reinstate the petitioner
                                         in Bihar Police Service with all
                                         consequential benefits.
                                         V. To any other relief or reliefs for
                                         which the Petitioner is found to be
                                         entitled in the facts and circumstances
                                         of the case.”


                         3. Learned Senior counsel for the petitioner

         submits that the petitioner was appointed as a Police Constable

         in the Bihar Police on 01.06.1999. At the relevant period, he

         was posted in the Bihar Police Rail at Muzaffarpur in the year

         2010. He further submits that the petitioner was made accused

         in Jainagar P.S. Case No. 179 of 2017, which resulted in his

         arrest and suspension, and finally a disciplinary order was

         passed following the charge and enquiry report, contained in

         Memo No. 2674 dated 30.10.2018 (Annexure-10). He further

         submits that the petitioner has not challenged the said order in

         appeal, but he has received a letter indicating that the higher

         authority has proposed his dismissal from service. He further

         submits that it is true that the higher authority may take such
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         decision in accordance with Rule 853 A (a) of the Bihar Police

         Manual, 1978 (hereinafter referred to as the ‘Rules of 1978’),

         but submits that such decision, to exercise the said power, has to

         be made within a reasonable period of time. Senior counsel

         submits that what constitutes a reasonable time has been

         decided by this Hon’ble Court in a series of cases, particularly

         vide order dated 22.03.2024 passed in C.W.J.C No. 7496 of

         2023 (Avinash Chandra Vs. The State of Bihar & Ors.),

         wherein, reference has been made to different cases, i.e., order

         dated 06.01.2021 passed in C.W.J.C No. 7906 of 2020

         (Ananjay Singh @ Ananjay Kumar Singh Vs. The State of

         Bihar & Ors.) reported in 2021 (1) PLJR 473, as well as order

         dated 06.11.2023 passed in C.W.J.C No. 25445 of 2019 (Md.

         Giaaul Hak Vs. The State of Bihar & Ors). In the said cases, it

         has been held that the reasonable time shall be six months, as in

         the case of Md. Giaaul Hak (supra), it has been decided that the

         Bihar Government Servants (Classification, Control & Appeal)

         Rules, 2005 (hereinafter referred to as ‘Bihar CCA Rules 2005’)

         shall be applicable to such category of employees, including the

         petitioner, who come within the purview of the Bihar Police

         Manual. Hence, Rule 28 of the Bihar CCA Rules 2005 is very

         much clear that the time prescribed for revision is only six
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         months.

                         4. In the present case, the said period exceeds three

         years. Therefore, for this reason, Senior counsel for the

         petitioner submits that the order passed by the Director General

         of Police, Bihar, Patna, dated 25.12.2021 is not sustainable in

         the eye of law and is fit to be set aside.

                         5. Learned counsel for the State, on the other hand,

         submits that the present writ petition is not maintainable, as the

         petitioner himself opted not to challenge the disciplinary order

         passed by the Disciplinary Authority, and it is well within the

         power of the higher authority to revise the order passed by the

         Disciplinary Authority under Rule 853 A (a) of the Rules of

         1978. He further submits that there is no time limit mentioned in

         the Bihar Police Manual and only a reasonable time has been

         prescribed. However, what shall be the reasonable time is

         nowhere mentioned in the Bihar Police Manual. Therefore,

         according to him, the order passed by the Director General of

         Police, Bihar, Patna, removing the petitioner is absolutely in

         accordance with law and there is no need of any interference.

                         6. After hearing the parties, the only question

         which has to be considered in the present writ petition is

         whether the reasonable time mentioned in Rule 853 A (a) of the
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         Rules of 1978 prescribes any time limit, or whether it can be

         exercised without any limitation of time. The said provision of

         law states as follows:-

                                                  “Inspector-General may call
                                 for the file in any case even when no appeal
                                 lies and pass such order as he may deem fit.
                                 The Deputy Inspector-General may call-for
                                 any file but he should refer it to the
                                 Inspector- General with his recommendation
                                 for his order. The above action should be
                                 taken within a reasonable time from the date
                                 of final order in departmental proceeding.”


                         7. In the said provision, it has been mentioned that

         the action is to be taken within a reasonable time, and it is true

         that the term “reasonable time” has not been defined. However,

         it is also true that in the judgment of Md. Giaaul Hak (supra),

         this Court has held as follows:-

                                         “9. Upon going through Rule 824 A of
                                         Bihar Police Manual, it transpires to
                                         this court that there are broad
                                         classification of 5 types of Police
                                         personnel's     which    have     been
                                         discussed in the said manual.
                                         10. The first category is those persons
                                         who comes within the category of
                                         Indian Police Service against whom
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                                         disciplinary action shall be directed to
                                         be instituted according to the All India
                                         Services (Discipline and Appeal),
                                         Rules, 1969.
                                         11. The second category is Deputy
                                         Superintendent and their equivalent
                                         ranks against whom the disciplinary
                                         action shall be taken according to
                                         Civil Services (Classification, Control
                                         and Appeal) Rules, 1930.
                                         12.      The   third   category   is   the
                                         Ministerial Officers against whom
                                         disciplinary action has directed to be
                                         taken according to Bihar Subordinate
                                         Services (Discipline and Appeal),
                                         Rules 1935.
                                         13. The fourth category is of the
                                         members of Bihar Sashastra Police
                                         for whom indication has been made
                                         that disciplinary rule has been given
                                         in separate manual.
                                         14. The fifth category has been
                                         divided into 2 sub categories viz, first
                                         is for those personnel’s against whom
                                         action shall be taken according to
                                         Rule 824 A(b), if gazetted and second
                                         for those personnel’s against whom
                                         action shall be taken according to
                                         Rule 824 A(c), if non-gazetted, unless
                                         expressly proposed otherwise for any
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                                         special person. It is made clear in
                                         Rule 32 of Bihar CCA Rules 2005 that
                                         by enactment of the said Bihar CCA
                                         Rules 2005, rules of 1930 and rules of
                                         1935 mentioned above were repeal,
                                         meaning thereby, the Bihar CCA
                                         Rules, 2005 has adopted the rules of
                                         1930 and 1935 both.
                                         15. In this background, it becomes
                                         crystal clear to this Court that for the
                                         police officials whether gazetted or
                                         non-gazetted, the Bihar CCA Rules,
                                         2005 shall be applicable to take
                                         disciplinary action against them. In
                                         this view of the matter, this Court
                                         rejects      the   contention   of   the
                                         respondent that police manual shall
                                         only apply because police manual
                                         itself indicates that disciplinary action
                                         shall run according to disciplinary
                                         rules 1930 & 1935, which are
                                         replaced by Bihar CCA Rules, 2005.
                                         After conjugal reading of Rules 824 A
                                         of Bihar Police Manual read with
                                         Rule 32 of Bihar CCA Rules, 2005, the
                                         issue about applicability of the rule in
                                         the disciplinary action against the
                                         police personnel is hereby cleared that
                                         in all types of Police personnel’s in
                                         Bihar CCA Rules 2005 shall apply.”
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                         8. When it has been decided that the Bihar CCA

         Rules 2005 shall apply, it is necessary to read Rule 853 A (a) of

         the Rules of 1978 with Rule 28 of the Bihar CCA Rules 2005.

         This Court deems fit to quote Rule 28 of the Bihar CCA Rules

         2005, which states as follows:-

                                         “28. Revision.
                                         (1)          Notwithstanding       anything
                                         contained in these Rules,-
                                         (i) the Government, or
                                         (ii) the head of a department directly
                                         under the Government, in the case of
                                         a Government servant serving in a
                                         department        or   office,   under   the
                                         control of such head of a department,
                                         or
                                         (iii) the appellate authority, or
                                         (iv) any other authority specified in
                                         this behalf by the Government by a
                                         general or special order, and within
                                         such time as may be prescribed in
                                         such general or special order, may at
                                         any time within six months of the date
                                         of the order proposed to be revised,
                                         either on his or its own motion or
                                         otherwise call for the records of any
                                         inquiry and revise any order made
                                         under these Rules or under the Rules
                                         repealed by the Rule 32 (from which
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                                         an appeal is allowed but from which
                                         no appeal has been preferred or from
                                         which no appeal is allowed), after
                                         consultation with the Commission
                                         where such consultation is necessary,
                                         and may-
                                         (a) confirm, modify or set aside the
                                         order, or
                                         (b) confirm, reduce, enhance or set
                                         aside the penalty imposed by the
                                         order, or impose any penalty where no
                                         penalty has been imposed, or
                                         (c) remit the case to the authority,
                                         making the order or to any other
                                         authority, directing such authority, to
                                         make such further inquiry as he may
                                         consider proper in the circumstances
                                         of the case, or
                                         (d) pass such other orders as it may
                                         deem fit:
                                         Provided that no order imposing or
                                         enhancing any penalty shall be made
                                         by any revising authority unless the
                                         Government Servant concerned has
                                         been given a reasonable opportunity
                                         of making a representation against the
                                         penalty proposed and where it is
                                         proposed to impose any of the
                                         penalties specified in clauses (vi) to
                                         (x) of Rule 14 or to enhance the
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                                         penalty imposed by the order sought
                                         to be revised to any of the penalties
                                         specified in those clauses, no such
                                         penalty shall be imposed without an
                                         inquiry in the manner laid down in
                                         Rule 17 and after giving a reasonable
                                         opportunity     to   the   Government
                                         Servant concerned of showing cause
                                         against the penalty proposed on the
                                         evidence adduced during the inquiry
                                         and except after consultation with the
                                         Commission where such consultation
                                         is necessary:
                                         Provided further that no power of
                                         revision shall be exercised by the head
                                         of department, unless-
                                         (i) the authority which made the order
                                         in appeal, or
                                         (ii) the authority to which an appeal
                                         would lie, where no appeal has been
                                         preferred, is subordinate to him.
                                         (2) No proceeding for revision shall
                                         be commenced until after
                                         (i) the expiry of the period of
                                         limitation for an appeal, or
                                         (ii) the disposal of the appeal, where
                                         any such appeal has been preferred.
                                         (3) An application for revision shall
                                         be dealt with in the same manner as if
                                         it were an appeal under these Rules.”
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                         9. According to this Court, Rule 28 of the Bihar

         CCA Rules 2005 is very clear that the time limit for revision is

         six months, particularly in light of the order passed by the Co-

         ordinate Bench of this Court in the case of Avinash Chandra

         (supra). The relevant paras 7 & 8 of the said order are quoted

         herein as under:-

                                         “7. I have heard the learned counsel
                                         for the parties and perused the
                                         materials on record. As far as the
                                         order dated 08.09.2022, passed by the
                                         Director General of Police, Bihar,
                                         Patna, enhancing the punishment
                                         inflicted vide order dated 07.10.2022,
                                         passed by the Inspector General of
                                         Police, Tirhut Range, Muzaffarpur, is
                                         concerned, firstly, this Court finds that
                                         the same has been passed after a lapse
                                         of almost one year of passing of the
                                         order of punishment dated 07.10.2021
                                         by the disciplinary authority, hence,
                                         considering the law laid down by this
                                         Court in the cases of Anjani Kumar
                                         Singh        (supra),   Ananjay   Singh
                                         (supra) and Md. Giaaul Hak (supra),
                                         this Court would hold that since Rule
                                         28 of the Rules, 2005 would govern
                                         the field, the Director General of
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                                         Police, Patna could have revised the
                                         punishment        inflicted    upon       the
                                         petitioner by the disciplinary authority
                                         vide order dt. 07.10.2021, only within
                                         a period of six months of passing of
                                         the same, however, admittedly, in the
                                         present case, the punishment, inflicted
                                         by the disciplinary authority, has been
                                         revised by the Director General of
                                         Police, Bihar vide order dt. 8.09.2022,
                                         after almost one year, which is not
                                         permissible in the eyes of law, hence
                                         the order dt. 08.09.2022, passed by
                                         the Director General of Police, Bihar,
                                         Patna, being contrary to law is set
                                         aside.
                                         8. Yet another aspect of the matter is
                                         that     the   impugned       order     dated
                                         08.09.2022, passed by the Director
                                         General of Police, Bihar Patna is
                                         cryptic and an unreasoned order,
                                         which        nowhere   deals     with     the
                                         submissions made by the petitioner in
                                         his reply to the show-cause notice
                                         dated 21.06.2022 and on the contrary,
                                         in a single line, it has been stated that
                                         nothing new has been submitted by the
                                         petitioner, apart from the fact that the
                                         said order dated 08.09.2022 does not
                                         specify anywhere, the reasons which
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                                         might have weighed in the mind of the
                                         Director General of Police, Bihar, to
                                         take a different view from the view
                                         taken by the disciplinary authority
                                         while inflicting minor punishment vide
                                         order dated 07.10.2021, so as to
                                         warrant       enhancement       of    the
                                         punishment.      Reference      in   this
                                         connection be had to the judgments
                                         rendered by this Court in the cases of
                                         Sunil Kumar (supra) and Abha
                                         Kumari (supra), as also to the
                                         judgment rendered by the Hon'ble
                                         Apex Court in the case of Oryx
                                         Fisheries      Pvt.      Ltd.    (supra).
                                         Consequently,       on   the    foregoing
                                         ground as well, the order dated
                                         08.09.2022, passed by the Director
                                         General of Police, Bihar, Patna is
                                         held to be perverse, illegal and
                                         contrary to law.”


                         10. This Court, on the basis of the reasoning and

         the relevant law, which are very clear, is of the firm view that

         the time limit shall be six months only. In the present case, the

         final decision was taken on 30.10.2018, whereas, the intimation

         for revision took place in the year 2020 i.e. after a lapse of two

         years. Therefore, the order dated 25.12.2021 contained in Letter
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                      No. 597 passed by the Director General of Police, Bihar, Patna

                      (Annexure-16) is hereby set aside.

                                      11. The Superintendent of Police, Railway at

                      Muzaffarpur (respondent No. 6) is hereby directed to calculate

                      the arrears of the petitioner, which have arisen due to setting

                      aside of the order of termination passed by the Director General

                      of Police, Bihar, Patna, including his salary, and shall ensure

                      payment of the same within three months from the date of

                      production of a copy of this order.

                                      12. Accordingly, with the aforesaid observation

                      and direction, the present writ petition stands allowed.



                                                                   (Dr. Anshuman, J.)

Aman Kumar/-
AFR/NAFR
CAV DATE                     NA
Uploading Date             27/01/2026
Transmission Date            NA


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