PATNA, India, July 23 -- Patna High Court issued the following judgment on July 11:
This petition has been preferred by the petitioner seeking the following reliefs:
"(a) For issuance of writ in the nature of certiorari quashing Order No 285/2023 contained in Memo No 809 dated 10.02.2023 passed by the Superintendent of Police, Nalanda in Departmental Proceeding No 89/20 whereby the petitioner has been dismissed from the service as the proceeding was based upon the de novo enquiry.
(b) For issuance of writ in the nature of certiorari quashing the Memo of Charge dated 12.05.2020 contained in letter No 2114 dated 12.05.2020 issued by the Superintendent of Police, Nawada as the fresh Memo of Charge dated 12.05.020 contained the similar allegations and charges which were incorporated in the previous Memo of Charge dated 12.06.2014 for which the Bihar CCA Rules, 2005 does not provide for issuance of fresh Memo of Charge.
(c) For issuance of writ in the nature of certiorari for quashing the enquiry report dated 09.07.2022 submitted in the departmental enquiry 89/20, which was initiated in pursuance of the fresh Memo of Charge containing the same set of charges for which earlier enquiry report has been submitted vide Memo No 3455 dated 28.08.2019 as no illegality or irregularity was pointed out in the earlier enquiry report.
(d) For issuance of writ in the nature of certiorari quashing the order dated 14.06.2023 passed by the Additional Director General of Police (Budget, Appeal & Welfare), Bihar, Patna whereby the appeal preferred by the petitioner has been rejected and further quash the order dated 27.06.2024 passed by the Upper Secretary, Home Department, Government of Bihar whereby the Memorial filed by the petitioner has also been rejected.
(e) For directing the respondent authorities to comply the order dated 15.03.2021 passed in CWJC No 7756 of 2020 whereby the Hon'ble Court has been pleased to quash the orer dated 16.03.2020 whereby the respondents were restrained from proceeding further in the investigation and were directed to give effect to he order dated 03.09.2019 passed in CWJC No 14656 of 2014 but the Disciplinary Authority went against the order of the Hon'ble Court and directed to conduct the de novo enquiry after issuing fresh memo of charge which is unsustainable and contemptuous.
(f) For directing the respondents to consider that the charges were altogether similar and identical and the evidences, witnesses and circumstances were all same in the departmental proceeding and criminal case and the petitioner has been acquitted in the Special Case No 48/14 arising out of Vigilance Case No 41/2014 by order dated 06.09.2018 passed by the Special Judge Vigilance.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTIyNjIjMjAyNCMxI04=-83jsfpsfBaw=
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