CW-2003-0021Bhagalpur, BiharJudgment 23 September 2003

Bihar Police Constable v. The State of Bihar and Others

The Patna High Court Division Bench dismissed the Letters Patent Appeal of police constable, upholding his dismissal from service. The Court recorded that on 26 February 1991 he was caught on the spot with 10-12 armed associates during a forcible house invasion and assault on the survivor at Bhagalpur (Kotwali P.S. Case No. 110/91), and was thereafter departmentally tried, found guilty and dismissed by the S.P. Bhagalpur on 30 May 1995, confirmed by the DIG and the Zonal IG. It held the record showed he received the show-cause notice, replied to it, faced inquiry and preferred a departmental appeal, and that his criminal acquittal on benefit of doubt did not vitiate the departmental action. Having regard to his assault on a woman, the Court declined to interfere. Matters not addressed in the cited judgment text are not recorded here.

Externally reportedV2
What this record means

This page documents a court-adjudicated case from the judgment and cited sources below. Findings are attributed to the court; this record does not add findings of its own.

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Report card

By judgment dated 23 September 2003 in L.P.A. No. 869 of 2003, the Patna High Court (Coram: Ravi S. Dhavan, Shashank Kumar Singh, JJ.) upheld the disciplinary action taken against the Constable, Bihar Police, Bhagalpur.

Register number
BR 10 CW 0007
Case reference
L.P.A. No. 869 of 2003 / (2004) 1 PLJR 35
Court and date
Patna High Court (Coram: Ravi S. Dhavan, Shashank Kumar Singh, JJ.), 23 September 2003
Officer(s) at the material time
Constable, Bihar Police, Bhagalpur
Present service status
Recorded in the cited sources as dismissed from service.
Provisions invoked
Section 147 of the Indian Penal Code, 1860; Section 148 of the Indian Penal Code, 1860; Section 149 of the Indian Penal Code, 1860; Section 354 of the Indian Penal Code, 1860; Section 448 of the Indian Penal Code, 1860; Section 323 of the Indian Penal Code, 1860; Section 35 of the Arms Act, 1959
Finding of the Court (extract)
“Regard being had to the circumstances that the Petitioner had assaulted a woman, this Court ought not to interfere in this appeal.” (at para 8)
Verdict, sentence and quantum
Disciplinary action upheld. Sentence: dismissal.
Present status of the proceedings
No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.

Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.

The Patna High Court judgment dated 23 September 2003 is the concluded position shown in the cited sources.

Recorded allegations

1
OtherPrimary
Material fact supported

Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.

Official finding: supports allegation.

What the court found

Holding not recorded separately.

“Regard being had to the circumstances that the Petitioner had assaulted a woman, this Court ought not to interfere in this appeal.” (para 8)

Institutional response

1
23 Sep 2003

Order issued

Concluded
Patna High Court External · Binding

The Patna High Court upheld service punishment imposed on police personnel.

Disciplinary action · Procedural only.
Source: (2004) 1 PLJR 35
Not yet re-checked.

Follow-up history

1
19 Sep 2026

(Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass; skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl))

Corrections (0): No corrections recorded.

Review: Solo Staff combined review (one combined attestation) — not yet recorded.

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