Justice Arvind Singh Chandel orders re-consideration dismissal order

In Dilip Kumar vs. The State of Bihar through the Principal Secretary, Home Department, Government of Bihar & Ors. (2025), Justice Arvind Singh Chandel concluded:"Considering the submissions made by both the counsels, the petition is disposed of with liberty to the petitioner to approach before the respondents who shall re-consider the order of dismissal of the petitioner in the light of mandate of the Hon’ble Apex Court in the cases so referred earlier herein. It is further directed that the competent authority will exercise and conclude the proceeding as early as possible probably within 60 days from the date of receipt/production of a copy of this Court and pass a reasoned order." It added that the petitioner was granted a liberty to approach the Court again if occasion will arise subsequently. The petition was disposed of. The judgement was delivered on May 1, 2025.

The  petitioner had prayed for issuance of an appropriate writ, order, direction or directions in nature of Mandamus directing and commanding the concerned respondents to set aside the impugned order dated 15.10.2016 dismissing the petitioner passed by the S.P. Kaimur (Bhabhua) in Departmental Proceeding and also set aside the impugned order passed by the DIG Shahabad Range in appeal of petitioner on 23.12.2016. He also prayed for issuance of an appropriate writ order or direction in nature of Mandamus directing and commanding the concerned authorities to reinstate the petitioner on his own post with all consequential benefits, in term of his acquittal in alleged Criminal Case by the Trial Court. He sought issuance of an appropriate writ order or direction in nature of Mandamus directing and commanding the concerned respondent to reinstate the petitioner on his own post with all consequential benefits, in term of his acquittal in alleged criminal case by the Trial Court as the others have been benefited in similar matter in respect of High Court's order/judgments as well as Supreme Court Judgments. 

The other respondents are: Director General-Cum- I.G. of Police, Bihar, Deputy Inspector General of Police, Shahabad Range, Dehri-On-Sone, Rohtas. Superintendent of Police, Kaimur (Bhabhua). The counsel submitted that the matter of the petitioner is squarely covered with the observations made in the case of Capt. M. Paul Anthony vs. Bharat Gold Mines Ltd. and Ors. 1999 (3) SCC 379, G.M. Tank Vs. State of Gujrat and Ors. 2006 (5) SCC 446 and Ram Lal Vs. State of Rajasthan and Ors. 2024 (1) SCC. 

These referred judgment passed by the Supreme Court, which has been relied upon by the Co-ordinate Bench of this Court also in the case of Prakash Kumar Paswan vs. The State of Bihar in CWJC No. 4084 of 2020.

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