KRISHNA NANA SAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the petitioner is aggrieved by the order of the disciplinary authority, namely, Deputy Inspector General of Police, Magadh Range, Gaya, whereby and whereunder he has been reverted from the post of Assistant Sub - Inspector of Police to the post of Constable for one year and, further, that he would not get any other amount except the subsistence allowance, which has been paid to him during the suspension period.

(2.) IT appears that the petitioner was also involved in a criminal case and for same charge a departmental proceeding was also initiated against him. He has been acquitted in the criminal case, but the impugned order has been passed by the disciplinary authority imposing the aforementioned punishment.

(3.) HOWEVER , learned counsel for the State submitted that the petitioner has filed appeal before the Director General of Police, Bihar, Patna (respondent no. 2) against the impugned order and the same is still pending. Under such circumstances, this writ petition is fit to be dismissed on the sole ground of availing of alternative remedy.