Patna High Court - Orders
Mukesh Kumar vs The Union Of India And Ors on 26 March, 2019
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4488 of 2019
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Mukesh Kumar, son of Sri Madan Mohan Singh, resident of D.M. Colony
(Opposite Shiv Mandir), Bihar Sharif, P.S. Bihar, District-Nalanda
... ... Petitioner/s
Versus
1. The Union of India through the Home Secretary, Ministry of Home Affairs,
New Delhi
2. The Inspector General, Tripura Frontier Salbagan, P.O. Salbagan, District-
Tripura West
3. The Deputy Inspector General (PSO), Boarder Security Force, Head
Quarter, Tripura Frontier Salbagan, P.O. Salbagan, District-Tripura West
4. Assistant Commandant (Estt.), Boarder Security Force, Head Quarter,
Tripura Frontier Salbagan, P.O.Salbagan, District-Tripura West
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Alok Kumar Sinha, Sr. Adv
For the Respondent/s : Mr. S.D. Sanjay, Addl S.G.
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
2 26-03-2019The petitioner has been suspended pursuant to lodging of an F.I.R against him in contemplation of a departmental proceeding.
The learned senior counsel appearing for the petitioner submits that it would amount to double whammy as he would suffer on two counts viz. a departmental proceeding against him and a criminal case which is under investigation.
This Court is afraid whether such an argument can either be tenable in the Courts of law with the position of law Patna High Court CWJC No.4488 of 2019(2) dt.26-03-2019 2/2 having been concretized long time ago.
The learned senior advocate has also prayed for a direction to the respondent authorities not to take any coercive steps against the petitioner.
This prayer also appears to be highly unjustified in the opinion of this Court.
There is no merits in the petition and it is dismissed accordingly.
(Ashutosh Kumar, J) Shageer/-
U