SAKET SURAT DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the writ applications arise out of respective punishments imposed for alleged misconduct with regard to same occurrence dated 08.07.1987; for the reason that the order 2 impugned in C.W.J.C. No. 13417 of 2002 referred to punishment imposed on the writ petitioner of C.W.J.C. No. 5245 of 2001, this Court vide order dated 09.08.2005, while admitting C.W.J.C. No. 13417 of 2002 ordered for analogous hearing of both the cases. Accordingly, both the cases have been listed together for hearing.

(2.) LEARNED counsel for the petitioner at the very beginning points out that out of inadvertence '5' has been typed in paragraph -1 of the writ application in place of '7' and seeks permission to make correction in the said paragraph. The prayer is allowed. Let it be done course of the day. This is for the reason that Annexure -7 is the order of D.G. -cum -I.G.(P) Bihar which is under challenge.

(3.) THE original petitioner of C.W.J.C. No. 13417 of 2002 filed the writ application challenging order of Director Generalcum -Inspector General of Police, dated 04.10.2002 whereby, exercising power of review suo motu under Rule 853 -A of the Police Manual he has dismissed the original petitioner (Jay Kumar Singh, since deceased) from service. During the 3 pendency of writ application the original petitioner died. As the impugned order had civil consequences, an application for substitution was filed which was allowed by the order dated 23.07.2008. Accordingly, the widow of original petitioner Saket Surat Devi has been substituted in place of the original petitioner.