Patna High Court
Brajesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
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
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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
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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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