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Patna High Court

Brajesh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The writ petition is dismissed as the challenge to the charge memo is not maintainable at this stage.

Summary

Brajesh Kumar, a former SHO, seized an overloaded stone chips truck in January 2024, leading to a complaint alleging illegal seizure. The District Magistrate ordered an enquiry, after which the matter was closed. Subsequently, a vigilance case for disproportionate assets resulted in a recommendation for departmental proceedings and his suspension. The Superintendent of Police later issued Memo No. 2002 initiating departmental proceedings and a charge memo, which the petitioner challenged via a writ petition seeking quashal. The State argued that the petitioner should have appealed the suspension order, not the charge memo. The High Court held that the petition was premature and not maintainable, and dismissed it.

Issues considered

  • Whether a writ petition can be filed to challenge a departmental charge memo at the initial stage of proceedings
  • Whether the appropriate remedy is an appeal against the suspension order rather than a writ petition against the charge memo

Subjects

  • departmental proceedings
  • suspension of police officer
  • charge memo
  • writ jurisdiction
  • administrative law
  • police service

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.6932 of 2026
     ======================================================
     Brajesh Kumar Son of Late Rampravesh Roy, Resident of village- Amarpur,
     P.S. - Barauni (Chakiya), District- Begusarai.

                                                                 ... ... Petitioner/s
                                        Versus

1.   The State of Bihar through the Director General of Police, Bihar, Patna.
2.   The Inspector General of Police, East Range, Bhagalpur.
3.   The Superintendent of Police, Banka.
4.   The Enquiry Officer- Cum-Sub- Divisional Police Officer, Baunsi, Banka.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr.Vinay Ranjan, Advocate
     For the Respondent/s   :      Mr.Standing Counsel (07)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                         ORAL JUDGMENT
      Date : 05-05-2026
                Heard learned counsel appearing for the petitioner

      and learned counsel appearing for the State.

                   2. Learned counsel appearing for the petitioner

      submits that the petitioner has filed the present writ petition for

      quashing the order as contained in Memo No. 2002 dated

      06.09.2024, issued under the signature of the Superintendent of

      Police, Banka.

                   3. Learned counsel for the petitioner submits that

      while the petitioner was posted as SHO, Pirpainti Police Station,

      Bhagalpur in the month of January, 2024, he apprehended an

      overloaded stone chips truck without a valid challan.

      Subsequently, a complaint dated 08.07.2024 was filed before the
Patna High Court CWJC No.6932 of 2026 dt.05-05-2026
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         District Magistrate, Bhagalpur alleging illegal seizure of the

         said vehicle by the petitioner. In light of the said complaint, the

         District Magistrate, Bhagalpur, vide Letter No. 1716 dated

         08.07.2024,       directed     the Additional   Collector   (Disaster

         Management), Bhagalpur and the Deputy Superintendent of

         Police (Headquarter), Bhagalpur to conduct an enquiry into the

         matter.

                      4. In compliance thereof, the Additional Collector

         (Disaster Management), Bhagalpur, vide Letter No. 931 dated

         23.07.2024, directed the petitioner to appear and submit his

         defence. Learned counsel submits that the petitioner duly

         appeared and submitted his explanation, whereafter the matter

         was closed.

                      5. Learned counsel further submits that thereafter, the

         complainant approached the Vigilance Department alleging that

         the petitioner had amassed disproportionate assets, pursuant to

         which Vigilance P.S. Case No. 6 of 2024 dated 08.07.2024 was

         registered and a search was conducted at the petitioner’s

         residence. Thereafter, vide Memo No. 2100 dated 10.07.2024,

         the Sub-Divisional Police Officer, Banka recommended

         initiation of departmental proceedings against the petitioner.

         Acting upon the said recommendation, the Superintendent of
Patna High Court CWJC No.6932 of 2026 dt.05-05-2026
                                           3/4




         Police, Banka, vide District Order No. 840 of 2024 contained in

         Memo No. 6045 dated 10.07.2024, placed the petitioner under

         suspension with immediate effect.

                      6. Learned counsel appearing for the petitioner

         Subsequently, vide Memo No. 1881 dated 23.08.2024, the

         petitioner was called upon to submit his explanation within

         three days regarding the proposed departmental proceeding.

         Thereafter, vide order dated 06.09.2024 contained in Memo No.

         2002, the Superintendent of Police, Banka initiated a

         departmental proceeding against the petitioner, appointing an

         Enquiry Officer and a Presenting Officer, and served the charge

         memo upon the petitioner, as contained in Annexure P-8 series

         to the writ petition. The petitioner has challenged the said Memo

         No. 2002 dated 06.09.2024.

                      7. Learned counsel appearing for the State submits

         that the petitioner has challenged the charge memo instead of

         the suspension order, which is otherwise appealable.

                      8. In response, learned counsel for the petitioner

         submits that the suspension of the petitioner has already been

         revoked.

                      9. At this juncture, since the challenge is directed

         against the charge memo at the initial stage, this Court is not
             Patna High Court CWJC No.6932 of 2026 dt.05-05-2026
                                                        4/4




                      inclined to interfere in the present writ petition.

                                     10. Accordingly, the present writ petition stands

                      dismissed.


                                                  (Dr. Anshuman, J)


Ashwini/-
AFR/NAFR
CAV DATE                NA
Uploading Date          06.05.2026
Transmission Date       NA


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