VIJAY KUMAR SINHA Vs. STATE OF BIHAR; DIRECTOR GENERAL-CUM-INSPECTOR GENERAL OF POLICE; INSPECTOR GENERAL OF POLICE; DEPUTY INSPECTOR GENERAL OF POLICE; SUPERINTENDENT OF POLICE; DEPUTY SUPERINTENDENT OF POLICE (HEAD QUARTER)-CUM-CONDUCTING OFFICER; ARBIND KUMAR JHA

JUDGEMENT

(1.) Heard Mr. Ratan Prasad Sinha, learned counsel for the petitioner and Ms. Nivedita Nirvikar, learned G.A.7 for the State.

(2.) In the nature of order which this Court proposes to pass, I would not be required to delve into the merits of the case. Suffice it to say that a departmental proceeding was initiated against the petitioner who was holding the post of Sub Inspector of Police. Chargesheet was served on the petitioner on 10.6.2012, enquiry held in which the charges were upheld and an order of dismissal was passed by the Deputy Inspector General of Police, Darbhanga on 12.6.2014. The petitioner initially filed an appeal before the Director General of Police, Bihar, Patna on 3.7.2014. Certain additional grounds were added to the pending appeal on 21.7.2014. The Office of the Director General of Police, Bihar, Patna informed the petitioner on 22.8.2014 that the appeal was not maintainable and would lie before the Inspector General of Police, Darbhanga Range. The petitioner while filing an appeal in compliance of such direction issued from the office of the Director General of Police, before the Inspector General of Police, Darbhanga Range, Darbhanga, also filed an application before the Director General of Police on the same day i.e. 29.8.2014 requesting him to dispose of the appeal. While the Director General of Police treated the appeal filed by the petitioner as a memorial and disposed it of on maintainability on 13.11.2014 taking note of the appeal already filed by the petitioner and pending before the Zonal Inspector General of Police, Darbhanga Range, on the other hand the Zonal Inspector General of Police, Darbhanga Range consigned the appeal filed by the petitioner, by relying upon the order passed by the Director General of Police on the appeal filed by the petitioner earlier which was treated as a memorial. The grievance of the petitioner is that he has been rendered remediless for each of the two authorities by shifting the burden on the other, has left him clueless.

(3.) The situation existing gave rise to an issue as regarding the forum before whom an appeal would lie. Mr. Sinha relied upon a Bench decision of this Court reported in (Ram Anugrah Singh Vs. State of Bihar and others, 1992 1 PLJR 502) to submit that an appeal against the order of the Deputy Inspector General would lie before the Director General of Police. In the said decision, a Bench of this Court while examining the provisions underlying the Bihar Police Manual and the Police Act, 1861 (hereinafter referred to as 'the Act') had proceeded to hold that in absence of any authorization to the Inspector General of Police under 'the Act' or the Rules, the appellate power would exclusively vest in the Director General of Police. Considering the legal position existing in view of the judgment of this Court in Ram Anugrah Singh, the parties were requested to address the Court on the issue for though it is admitted that the petitioner was entitled to a hearing but it is the forum which was put to dispute and required to be determined.