Patna High Court
Sunita Kumari SinhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The writ petition is disposed, directing the petitioner to file the appeal memorandum and the appellate authority to decide the appeal within a specified time.
Summary
Sunita Kumari Sinha, a police employee, filed a writ petition challenging a series of disciplinary orders including suspension, departmental enquiry, compulsory retirement, and minor punishments, alleging violations of procedural fairness and the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005. She sought quashing of the orders and mandamus for consequential benefits. The court observed that the Director General of Police, the appellate authority, had not yet decided the pending appeal and that the petitioner had not filed a copy of the appeal memorandum. Consequently, the court directed the petitioner to submit the memorandum of appeal within 30 days and ordered the appellate authority to render a decision within 90 days, condoning any delay. No merits of the other reliefs were adjudicated, and the writ petition was disposed with these procedural directions.
Issues considered
- Whether the failure of the appellate authority to decide the pending appeal warrants dismissal of the writ petition.
- Whether the delay in filing the appeal memorandum can be condoned.
- Whether the disciplinary orders can be quashed pending the resolution of the appeal.
Subjects
- departmental enquiry
- suspension
- compulsory retirement
- certiorari
- mandamus
- appellate authority
- service law
- procedural fairness
- Bihar Government Servants Rules 2005
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8393 of 2025
======================================================
Sunita Kumari Sinha W/o- Late Pramod Kumar Sinha R/o Pramod Niwas,
Infront of Ashok Club, Munger Fort, P.S.- Kotwali, Town and District-
Munger- 811201.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Home,
Govt. of Bihar, Old Secretariat, Patna- 800015.
2. The Director General of Police, Bihar, Patna- cum- the Appellate Authority,
Old Secretariat, Patna- 800015.
3. The Inspector General of Police, Central Range, Patna.
4. The Deputy Inspector General of Police, Central Range, Patna.
5. The Deputy Inspector General of Police, Saran Range, Chapra.
6. The Superintendent of Police, Nalanda.
7. The Superintendent of Police, Munger.
8. The Superintendent of Rail Police, Jamalpur, District- Munger.
9. The Enquiry Officer-cum- the Sub- Divisional Officer, Hilsa, District-
Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Purosottam Jha, Advocate
For the Respondent/s : Mr. Subhash Pd. Singh, G.A-3
Mr. Indeshwari Pd. Singh, AC to GA-3
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 23-04-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The petitioner has filed the present writ petition
with the following reliefs:-
i. For issuance of an order,
direction or a writ in the nature of certiorari
quashing Nalanda District Order No.
542/2014 dated 21.03.2014 (Annexure- P/2
Patna High Court CWJC No.8393 of 2025(2) dt.23-04-2026
2/6
to this writ petition), whereby the
Superintendent of Police, Nalanda
(Respondent No. 6) has placed the petitioner
under suspension and thereby has ordered
for initiating a regular Departmental
Proceeding against the petitioner.
ii. For issuance of an order,
direction or a writ in the nature of certiorari
quashing Memo No. 1980 dated 22.03.2014
(Annexure – P/3), whereby the
Superintendent of Police, Nalanda
(Respondent No. 6) has framed a
Memorandum of Charge against the
petitioner and thereby had appointed one
Md. Shams Afroz, Sub-Divisional Police
Officer, Sadar, Bihar Sharif, Nalana, as the
Enquiry Officer to hold Departmental
Enquiry against the petitioner.
iii. For issuance of an order,
direction or a writ in the nature of certiorari
quashing the Enquiry Report dated
23.10.2022 (Annexure – P/7), whereby the
Enquiry Officer having performed the dual
role of Enquiry Officer as well as the
Presenting Officer has prepared and
submitted the Enquiry Report whereby the
charges levelled against the petitioner has
been proved .
iv. For issuance of an order,
direction or a writ in the nature of certiorari
Patna High Court CWJC No.8393 of 2025(2) dt.23-04-2026
3/6
quashing Central Range Order No. (केनद्रीय
के तर् ादे श सं ) 167/2023 dated 30.06.2023
(Annexure P/19), whereby the Inspector
General of Police, Central Range, Patna
(Respondent No. 4) has inflicted the
punishment of Compulsory Retirement of the
petitioner with immediate effect and thereby
it has further been ordered that the
petitioner will not be paid anything during
the period of suspension, save and except the
amount whatever has already been paid and
the said period will be adjusted from the half
earned leave.
V. Issuance of an order, direction
or a writ in the nature of certiorari quashing
Munger District Order No. (मुं गेर जजलादे श
सं ०) 1028 / 2023 dated 11.07.2023 (Annexure
- P/20) issued by the Superintendent of
Police, Munger, whereby the petitioner has
been inflicted with the punishment of
compulsory Retirement from 30.06.2023 and
thereby it has further been ordered that the
petitioner will not be paid anything during
the period of suspension, save and except the
amount whatever has already been paid and
the said period will be adjusted from the half
earned leave against the petitioner and by
the said order it has further been ordered
that the name of the petitioner be deleted
from all registers.
Patna High Court CWJC No.8393 of 2025(2) dt.23-04-2026
4/6
vi. To hold and declare that the
action of the Respondent No. 2 (Director
General of Police, Bihar, Patna cum the
Appellate Authority) in not taking final
decision in connection with petitioner's
service Appeal dated 21.07.2023 (Annexure -
P/21) and Supplementary Application dated
07.06.2024 (Annexure -P/22) are illegal,
arbitrary, malafide, malicious and
unsustainable in the eye of law and on facts
both and is fit to be deprecated by this
Hon'ble Court in strong words.
vii. For issuance of an order,
direction or a writ in the nature of certiorari
quashing the entire Departmental
Proceeding so conducted and concluded
against the petitioner, since the same is in
complete disregard to the law laid down by
this Hon'ble Court in catena of decisions
and is against the provisions as contained in
Bihar Govt. Servant (Classification, Control
& Appeal) Rules'2005.
AND CONSEQUENT UPON THE
QUASHING OF THE ENTIRE
DEPARTMENTAL PROCEEDING INCL
UDING THE ORDER OF PETITIONER'S
COMPULSORY RETIREMENT.
viii. A writ in the nature of
mandamus may kindly be issued by this
Hon'ble Court, commanding the
Patna High Court CWJC No.8393 of 2025(2) dt.23-04-2026
5/6
Respondents concerned to grant all due
consequential benefits to the petitioner.
ix. Issuance of an order direction
or a writ in the nature of Certiorari
quashing the orders of minor punishment
issued by the Superintendent of Police
(Rail), Jamalpur being DO Nos. 443/11; 493
/ 11; 563/11, 667/11 all dt. 16.10.2013 and
DO No. 276 / 12 dt. 16.12.2013 (Annexure
P/24 Series), whereby the petitioner has
been inflicted with the punishment of "जनं दन"
in complete disregard to the settled norms of
Departmental Enquiry, copy whereof for the
first time has been supplied to the petitioner
for the first time vide Annexure - P/23 to this
writ petition.
X. For grant of any other relief(s)
to which the petitioners may be found
entitled to in the facts and circumstances of
this case.
3. After some argument, counsel for the petitioner
submits that his statutory appeal is pending before the The
Director General of Police, Bihar, Patna (Annexure-P-21).
4. Learned counsel for the State submits that, though a
counter affidavit has been filed in this case, it is not known to
the respondent whether an appeal has been preferred or not.
5. From Annexures P-21 and P-22, it transpires that
Patna High Court CWJC No.8393 of 2025(2) dt.23-04-2026
6/6
the petition and supplementary petition of appeal are annexed
here.
6. In this background, as the appellate authority has
not taken any decision, the present writ petition stands disposed
of, directing the petitioner to send a copy of the memorandum of
appeal afresh within 30 days from today before the Director
General of Police, Bihar, Patna- cum- the Appellate Authority,
Old Secretariat, Patna- 800015. (respondent No. 2), and the
respondent No. 2 shall pass an order within 90 days from the
date of receiving the copy of the memorandum of appeal.
7. It is made clear that the delay, if any, in filing the
appeal is hereby directed to be condoned, and the appellate
authority shall provide a hearing on the memorandum of appeal,
prior to passing final order in appeal.
(Dr. Anshuman, J.)
Aman Kumar/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.