Patna High Court

Nesar AhmadversusThe State Of Bihar

Decided: 18 February 2026
Disposal: ALLOWED
Bench: NANI TAGIA

Holding

The Superintendent of Police and the District Magistrate lack jurisdiction to bar the petitioner’s posting as OIC/SHO, as they are not the disciplinary authority, rendering their orders void.

Summary

The petitioner, Nesar Ahmad, a Sub‑Inspector of Police, filed a writ petition challenging two orders – one by the Superintendent of Police, Madhubani and another by the District Magistrate, Madhubani – which barred him from being posted as Officer‑In‑Charge/Station House Officer for ten years. He contended that the Deputy Inspector General of Police is the proper administrative and disciplinary authority over him, not the officials who issued the orders. The State counsel could not point to any statutory or rule‑based authority empowering the Superintendent or the Magistrate to impose such a posting restriction. The Court examined the jurisdictional limits of the police disciplinary machinery and found the impugned orders ultra vires. Consequently, the Court set aside both the Superintendent’s order and the District Magistrate’s memo and allowed the writ petition. The decision restores the petitioner’s eligibility for posting as OIC/SHO.

Issues considered

Whether the Superintendent of Police and the District Magistrate have the authority to prohibit the petitioner’s posting as Officer‑In‑Charge/Station House Officer for ten years.
Whether the Deputy Inspector General of Police is the sole administrative/disciplinary authority over a Sub‑Inspector of Police.

Subjects

Administrative Law
Police Service Discipline
Posting Restrictions
Writ Petition
High Court
Ultra Vires
Officer‑In‑Charge
Station House Officer

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.5417 of 2019
     ======================================================
     Nesar Ahmad son of Md. Mehadi Hassan, resident of Village- Herathu, P.S.
     Islampur, District- Nalanda.

                                                               ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through the Director General of Police, Old Secretariat,
     Bihar, Patna.
2.   The Deputy Inspector of Police, Darbhanga Range, Darbhanga.
3.   The District Magistrate, Madhubani.
4.   The Sub Divisional Police Officer, Sadar, Madhubani.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Awadhesh Kumar Mishra, Advocate
                                    Ms. Shivani Mishra, Advocate
                                    Mrs. Pragati Singh, Advocate
                                    Ms. Vidhi Shree, Advocate
     For the Respondent/s   :       Mr. Manish Kumar, GP-4
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
     ORAL JUDGMENT
      Date : 18-02-2026


                  Heard learned counsel for the parties.

                  2. This writ petition is directed against the District

     Order No. 581/2017 dated 10.05.2017 passed by the

     Superintendent of Police, Madhubani (Annexure-5) as well as

     Memo No. 2420 dated 24.08.2016 issued by the District

     Magistrate,        Madhubani      (Annexure-4),         whereby      the

     Superintendent of Police, Madhubani as well as the District

     Magistrate, Madhubani by the afore-noted impugned orders
Patna High Court CWJC No.5417 of 2019 dt.18-02-2026
                                            2/3




       have stated that the petitioner, who is Sub Inspector of Police,

       shall not be posted as Officer Incharge / Station House Officer

       of any Police Station for the next ten years.

                    3. It has been submitted that the Deputy Inspector

       General of Police is the administrative / disciplinary authority

       of the petitioner.

                    4. Though a counter affidavit has been filed by the

       respondents, the learned State counsel has not been able to

       point out as to under which authority of law, the District

       Magistrate, Madhubani and the Superintendent of Police,

       Madhubani by the afore-noted impugned orders have ordered

       that the petitioner shall not be posted as Officer Incharge /

       Station House Officer of any Police Station for the next ten

       years, whereas the District Magistrate, Madhubani and the

       Superintendent         of    Police,       Madhubani       are     not   the

       administrative / disciplinary authority of the petitioner.

                    5. In view of the above, the District Order No.

       581/2017 dated 10.05.2017 passed by the Superintendent of

       Police, Madhubani (Annexure-5) as well as Memo No. 2420

       dated     24.08.2016        issued     by      the   District    Magistrate,

       Madhubani (Annexure-4) are set aside.
             Patna High Court CWJC No.5417 of 2019 dt.18-02-2026
                                                        3/3




                                 6. Accordingly, the writ petition stands allowed.



                                                    (Nani Tagia, J)
Narendra/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          19.02.2026
Transmission Date

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