Justice Dr. Anshuman sets aside disciplinary order by Superintendent of Police, Nalanda and the appellate order

In Bishwajeet Kumar vs. The State of Bihar through the Principal Secretary cum Home Commissioner, Government of Bihar & Ors. (2026), Justice Dr. Anshuman of Patna High Court allowed the writ petition. He delivered a 5-page long judgement dated January 30, 2026, wherein, he sets aside the disciplinary order dated May 31, 2020 by the Superintendent of Police, Nalanda and the appellate order dated July 7, 2020. The matter was remanded back to the Disciplinary Authority, who is required to pass a fresh order in accordance with law, considering points mentioned in reply to 2nd show-cause notice, within a period of 90 days from the date of production of a copy of this order. The four other Respondents were: Director General cum Inspector General of Police, Patna, Inspector General of Police, Patna Zone, Patna, Superintendent of Police, Nalanda and Sri Prakash Kumar Sharan, Inspector of Police, the then Bihar Police Station (Campt), Nalanda Bihar Police Station.

The petitioner had prayed for directing the concerned respondents to forbear from giving any effect to the order dated dated May 31, 2020 issued in a Departmental Proceeding of 2020 which was  affirmed by the
order dated June 30, 2020 by the Inspector General of Police, Patna, against the order of awarding punishment in the Appeal filed by the Petitioner, communicated by the S.P. Nalanda. The petitioner had filed memorial application before the Director General of Police which was also rejected and affirmed by the order passed by the above both authority on August 10, 2021. It was submitted that the orders were illegal, void and arbitrary manner. The orders were also contrary to Rule 824 read with Appendix 49 of the Bihar Police Manual, 1978.

The counsel for the petitioner submitted that the said order was essentially one wherein the second show-cause reply was not considered at all, except for a cryptic one-line observation stating that the reply was “not found satisfactory.” He submitted that in judicial or quasi-judicial proceedings, the submissions of both sides are required to be duly considered, and a mere one-line statement that the reply was unsatisfactory amounts to a gross violation of the settled principles of law. He also submitted that in the order-sheet, particularly in the first and fifteenth lines, interpolations were apparently made by using whitener and inserting other words, without any initials or authentication. He submitted that the enquiry report itself was not prepared in accordance with law. It was also submitted that the petitioner had filed a detailed second show-cause reply in defence, which was not considered at all. Therefore, he submitted that the order passed by the Disciplinary Authority was in complete violation of the settled principles of service jurisprudence. He pointed out that the Appellate Authority had failed to consider these aspects of the matter and dismissed the petitioner’s appeal vide order dated July 7, 2020.