Md. Minhaj Alam vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5057 of 2023
CNR No. BRHC010274942023
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Md. Minhaj Alam S/o- Md. Kalimuddin, R/o- Village- Amari Kukron, P.S.-
Dhamdahan, District- Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Director General of Police, Bihar.
3. The D.I.G. Of Police, Military Police Now Known as Bihar Special Armed
Police, Northern Zone, Muzaffarpur.
4. The Commandant, Bihar Military Police-7, Now Known as Bihar Special
Armed Police-7 Katihar,
5. The Rail S.P., Katihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rajhgiri, Sr. Advocates
Mr. Harsh Vardhan, Advocate
For the State : Mr. Pramod Kumar Singh, GP-34
Mr. Amit Kumar, JC to GP-34
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 27-10-2026
Heard learned Senior Counsel for the petitioner
and learned Counsel for the State.
2. The petitioner has filed the present writ petition
with the following relief/s:-
(i) To set aside order of
Director General of Police, Bihar, Patna
dated 15.09.2017 (Annexure-3) by which
order of punishment dated 28.12.2013
(Annexure-2) was set aside and order was
passed to reinitiate departmental proceeding
after 3 years and 8 months from the date of

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order of punishment dated 28.12.2013
(Annexure-2).
(ii). To set aside the order of
dismissal dated 27.07.2019 (Annexure-9)
passed by the Commandant B.M.P.-7,
Katihar (Now known as B.S.A.P.-7, Katihar).
(iii). To set aside the order of
D.I.G. of Police, Military Police (Now
known as Bihar Special Armed Police)
Northern Zone, Muzaffarpur dated
29.01.2020 (Annexure-10) by which appeal
of the petitioner has been rejected.
(iv). For grant of all
consequential benefits.
(v). To set aside the order of
Director General of Police Bihar, Patna,
dated 28/30.06.2023 (Annexure-15) by
which memorial of the petitioner has been
rejected and for grant of all consequential
benefits.
3. Learned Senior Counsel for the petitioner
submits that the punishment order was challenged before the
Appellate Authority and the order passed in appeal has been
accepted by the petitioner but after lapse of three and a half
years, the respondent authorities have entertained the revision
and modified the punishment order. He further submits that
such decision of the respondent authorities are in gross violation
of Rule 853A(a) of the Bihar Police Manual, 1978. He further
relied upon a judgment passed by this Hon’ble Court in CWJC
No. 4721 of 2022, dated 19.01.2026 (Vinod Roy vs. The State
of Bihar and Others) and submits that such type of order of

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review after lapse of period of review, as mentioned in the said
rule, shall not be treated good order and on this ground alone the
review/revisional order has been set aside.
4. Learned Counsel for the State, on the other
hand, submits that under the said rule is well within the power
of the higher authority to review/revise the order of punishment
and, therefore, there is no illegality in the said order.
5. With a view to adjudicate in the light of the
argument made by learned Senior Counsel for the petitioner that
the said order is in gross violation of Rule 853A(a) of the Bihar
Police Manual, 1978, it is necessary to examine the provisions
of Rule 853A(a) of the Bihar Police Manual, 1978, which states
as follows:-
“Inspector-General may call
the file in any case even when no appeal lies
and pass such order as he may deem fit. The
Deputy Inspector-General may call-for any
file but he should refer it to the Inspector-
General with his recommendation for his
order. The above action should be taken
within a reasonable time from the date of
final order in departmental proceeding.”
6. Paragraph Nos. 9 and 10 of the judgment dated
19.01.2026, passed in CWJC No. 4721 of 2022 is as follows:-
“9. According to this Court, Rule 28
of the Bihar CCA Rules 2005 is very clear that the
time limit for revision is six months, particularly in
light of the order passed by the Co-ordinate Bench

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of this Court in the case of Avinash Chandra
(supra). The relevant paras 7 & 8 of the said order
are quoted herein as under:-
"7. I have heard the learned
counsel for the parties and perused the
materials on record. As far as the order
dated 08.09.2022, passed by the Director
General of Police, Bihar, Patna, enhancing
the punishment inflicted vide order dated
07.10.2022, passed by the Inspector General
of Police, Tirhut Range, Muzaffarpur, is
concerned, firstly, this Court finds that the
same has been passed after a lapse of almost
one year of passing of the order of
punishment dated 07.10.2021 by the
disciplinary authority, hence, considering
the law laid down by this Court in the cases
of Anjani Kumar Singh (supra), Ananjay
Singh (supra) and Md. Giaaul Hak (supra).
this Court would hold that since Rule 28 of
the Rules, 2005 would govern the field, the
Director General of Police, Patna could
have revised the punishment inflicted upon
the petitioner by the disciplinary authority
vide order dt. 07.10.2021, only within a
period of six months of passing of the same,
however, admittedly, in the present case, the
punishment, inflicted by the disciplinary
authority, has been revised by the Director
General of Police, Bihar vide order dt.
8.09.2022, after almost one year, which is
not permissible in the eyes of law, hence the
order dt. 08.09.2022, passed by the Director
General of Police, Bihar, Patna, being
contrary to law is set aside.
8. Yet another aspect of the
matter is that the impugned order dated
08.09.2022, passed by the Director General
of Police, Bihar Patna is cryptic and an

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unreasoned order, which nowhere deals with
the submissions made by the petitioner in his
reply to the show-cause notice dated
21.06.2022 and on the contrary, in a single
line, it has been stated that nothing new has
been submitted by the petitioner, apart from
the fact that the said order dated 08.09.2022
does not specify anywhere, the reasons
which might have weighed in the mind of the
Director General of Police, Bihar, to take a
different view from the view taken by the
disciplinary authority while inflicting minor
punishment vide order dated 07.10.2021, so
as to warrant enhancement of the
punishment. Reference in this connection be
had to the judgments rendered by this Court
in the cases of Sunil Kumar (supra) and
Abha Kumari (supra), as also to the
judgment rendered by the Hon'ble Apex
Court in the case of Oryx Fisheries Pvt. Ltd.
(supra). Consequently, on the foregoing
ground as well, the order dated 08.09.2022,
passed by the Director General of Police,
Bihar, Patna is held to be perverse, illegal
and contrary to law."
10. This Court, on the basis of the
reasoning and the relevant law, which are very
clear, is of the firm view that the time limit shall be
six months only. In the present case, the final
decision was taken on 30.10.2018, whereas, the
intimation for revision took place in the year 2020
i.e. after a lapse of two years. Therefore, the order
dated 25.12.2021 contained in Letter No. 597
passed by the Director General of Police, Bihar,
Patna (Annexure-16) is hereby set aside.”
7. In the light of the submissions made and the
ground that the said review/revision has been made after lapse

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of three and half years, which is in gross violation of Rule
853A(a) of the Bihar Police Manual, 1978, this Court finds
substance in this writ petition. Accordingly, the order dated
15.09.2017 passed by Director General of Police, Bihar
(Annexure-3), the order of dismissal dated 27.07.2019 passed
by the Commandant, B.M.P.-7, Katihar (now B.S.A.P.-7,
Katihar) (Annexure-9), the order dated 29.01.2020 passed by
D.I.G., of Police, Military Police (Now Bihar Special Armed
Police), Northern Zone, Muzaffarpur (Annexure-10) and order
dated 28/30.06.2023 passed by Director General of Police,
Bihar, Patna (Annexure-15) are hereby set aside. Hence, the
present writ petition stands allowed.
8. The respondents are hereby directed to provide
consequential relief to the petitioner including his salary and
other benefits within 60 days from today.

(Dr. Anshuman, J)
Anshuman/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 31/10/2026
Transmission Date