Patna High Court

Manoj Kumar RamversusThe State of Bihar

Decided: 11 February 2026
Disposal: DISMISSED
Bench: ANSHUMAN

Holding

The petitioner's writ petition was dismissed as it was found to have no merit and the departmental proceedings were conducted lawfully.

Summary

Manoj Kumar, a constable of the Bihar Police, filed a writ petition seeking the quashing of a 2012 dismissal order and a 2019 rejection of his mercy appeal, alleging that the dismissal was illegal, arbitrary and that he was denied a chance to defend himself. The petitioner argued that he was granted liberty by the court in 2021 to file a mercy appeal, but the appeal was rejected on the ground of delay, and he requested reinstatement and other reliefs. The State contended that the departmental proceedings were conducted in accordance with law, that the petitioner was given full opportunity to defend himself, and that his conduct did not merit mercy. The court examined the records and found that the petitioner had indeed been afforded a fair opportunity and that the procedural requirements under Rule 843 were complied with. Concluding that the writ petition lacked merit, the court dismissed the petition.

Issues considered

Whether the dismissal of the petitioner from police service was illegal, arbitrary or violative of procedural safeguards under Rule 843
Whether the rejection of the petitioner's mercy appeal on the ground of delay was justified
Whether the petitioner was denied a fair opportunity of defence in the departmental proceedings

Subjects

service dismissal
departmental proceedings
writ petition
mercy appeal
procedural fairness
police service

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.8754 of 2024
     ======================================================
     Manoj Kumar Ram Son of Late Grahan Ram, Resident of Village- Basra, PS-
     Majhauliya, District- West Champaran.

                                                                 ... ... Petitioner/s
                                        Versus

1.   The State of Bihar Through The Chief Secretary Govt. of Bihar, Patna.
2.   D.G. of Police Bihar, Patna.
3.   S.P. Bhojpur.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr.Shruti Sinha
     For the Respondent/s   :       Mr.Government Pleader (27)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
     ORAL JUDGMENT
     Date : 11-02-2026


                  Heard learned counsel for the petitioner and learned

      counsel for the State.

                  2. The present writ petition has been filed for

      quashing Memo No.4761/Ra.Ka. Dated 10.11.2012 issued by

      S.P. Bhojpur contained in Annexure-P-2 whereby the petitioner,

      who was a constable in Bhojpur district constable No.115, has

      been dismissed from service as the same is illegal arbitrary and

      bad in law and for further direction for quashing the order of the

      DG of Police Bihar Patna Memo No.658/433966/L-1 dated

      23.07.2019 whereby the mercy appeal of the petitioner has been

      rejected i.e., Annexure-P-8, as the same is also illegal and for all

      consequential benefits including reinstatement of the petitioner
Patna High Court CWJC No.8754 of 2024 dt.11-02-2026
                                           2/3




         in service or for any other order or others which this Hon’ble

         Court may deem fit and proper under the circumstances of this

         case.

                     3. Learned Counsel for the petitioner submits that the

         petitioner had earlier moved before this Hon’ble Court in CWJC

         11729/2019 in which vide order dated 07.11.2021 liberty was

         granted to the petitioner to prefer mercy appeal. Learned

         Counsel submits that the mercy appeal has been rejected on the

         ground that after seven years it has been filed. Counsel submits

         that under compelling circumstances, the petitioner could not

         pursue the same. Therefore, he submits that a sympathetical

         view may be taken.

                     4. Learned Counsel for the State, on the other hand,

         submits that the departmental proceeding against the petitioner

         has been made after granting full            opportunity to him and

         completely in accordance with law. There is no procedural

         mistake. He further submits that the petitioner is in habit of

         staying at house without any information to the authority

         concerned, which is apparent from the original as well appellate

         order. He further submits that even after getting liberty from this

         Hon’ble Court he is not serious. As such, he did not deserve any

         mercy.
             Patna High Court CWJC No.8754 of 2024 dt.11-02-2026
                                                        3/3




                                  5. In the light of the submissions made by the parties

                      and from the record, it transpires that the petitioner has claimed

                      that without any injury under Rule 843 he has been dismissed

                      from the service and opportunity of defence could not be made.

                      From the original and appellate order, it transpires that the

                      pleading is not correct. Full opportunity has been given to the

                      petitioner. As such, this Court finds that there is no merit in the

                      instant writ petition. Accordingly, it is dismissed.


                                                                   (Dr. Anshuman, J)
Mkr./-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          12.02.2026
Transmission Date

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Shruti Sinha