# Bihar Police Constable vs Director General-cum-Inspector General and Others

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-2008-0017](https://datalibertarian.in/babuwatch/incident/CW-2008-0017)

## Report card

By judgment dated 14 February 2008, the Patna High Court (Coram: Navin Sinha, J.) upheld the disciplinary action taken against the Constable, Bihar Police.

- Register number: BR 00 CW 0002
- Case reference: 2008 Lab IC 3169
- Court and date: Patna High Court (Coram: Navin Sinha, J.), 14 February 2008
- Officer(s) at the material time: Constable, Bihar Police
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Rule 843 of the Bihar Police Manual; Rule 824 of the Bihar Police Manual
- Finding of the Court (extract): “He has overstayed on leave for 90 days which has been reckoned as unauthorized absence for a member of uniformed disciplined force.” (at para 13)
- 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.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/1190326/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2008-0017)

**Record:** CW-2008-0017 (compiler id CWC-0980); case GAP3-102-002
**Title:** Bihar Police Constable vs Director General-cum-Inspector General and Others
**Court:** Patna High Court; judges: Navin Sinha
**Case number / citation:** 2008 Lab IC 3169
**Judgment:** 2008-02-14 (2008, day precision)
**Incident date:** 1983-01-09 (1983)
**Place:** Bihar; force: state_police
**Category:** Other misconduct
**Sub-category:** other
**Outcome:** Disciplinary action upheld (disciplinary_upheld)
**Sections:** Bihar Police Manual Rule 843; Bihar Police Manual Rule 824
**Officers (gated display forms):** Constable, Bihar Police (1 in record)
**Victims:** Not stated (0 in record)
**Sentence / compensation:** dismissal
**Sentence type:** dismissal (dismissal)

The judgment of the Patna High Court records the following account. Police constable proceeded on 40 days' earned leave expiring 8 January 1983, had his extension request rejected, and reported for duty only on 9 April 1983, after which a departmental proceeding for 90 days' unauthorised absence ended in dismissal on 3 July 1985; his appeal and memorial were rejected. He pleaded illness supported by a medical certificate and argued dismissal was disproportionate. The Patna High Court (Navin Sinha, J.) held he led no evidence for the illness plea, the enquiry finding was not perverse, the 90-day overstay counted as unauthorised absence for a member of a uniformed disciplined force, and the non-speaking appellate order caused no prejudice since the memorial order was reasoned. The writ application was dismissed on 14 February 2008, leaving the dismissal undisturbed; the incident date above is the start of the 90-day absence spell (9 January - 9 April 1983), and the writ number is not stated in the retrieved text.

> He has overstayed on leave for 90 days which has been reckoned as unauthorized absence for a member of uniformed disciplined force.

**Sources (4):** [indiankanoon.org](https://indiankanoon.org/doc/1190326/); 2008 LAB. I. C. 3169; 2008 (3) AIR JHAR R 703; (2009) 2 SERVLR 540
**Verification:** V2 · Externally reported
**Review:** Solo Staff combined review (one combined attestation) — not yet recorded
**admin category:** misconduct
**admin subcategory:** other
**allegations:** {'category': 'Other', 'primary': True, 'position': 'Material fact supported', 'position_explainer': 'Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.', 'official_finding_relation': 'supports allegation'}
**anonymised:** False
**court quote para:** 13
**display title redacted:** Bihar Police Constable vs Director General-cum-Inspector General and Others
**followup history:** {'date': '2026-09-19', 'scope': 'Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass', 'method': 'skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl)', 'result': 'wrong_facts', 'corrections_applied': \['subcategory', 'sections'\]}
**followup status:** checked
**institutional response:** {'date': '2008-02-14', 'action_type': 'Order issued', 'status': 'Concluded', 'authority': 'Patna High Court', 'independence': 'External', 'legal_effect': 'Binding', 'description': 'The Patna High Court upheld service punishment imposed on police personnel.', 'disposition': 'Disciplinary action · Procedural only', 'source': '2008 Lab IC 3169', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://indiankanoon.org/doc/1190326/', 'link_checked': None}; {'url': '2008 LAB. I. C. 3169', 'link_checked': None}; {'url': '2008 (3) AIR JHAR R 703', 'link_checked': None}; {'url': '(2009) 2 SERVLR 540', 'link_checked': None}
**retracted:** {"is_retracted": false}
**service:** police
**source assessment:** {"established": null, "basis": null}
**status:** current
**subcategory display:** other
**tier:** Tier A — Externally reported or officially recorded
**tier badge:** Externally reported
**tier history:** Tier A — Externally reported or officially recorded
**verdict:** accept
**verdict note:** Judgment verified; dismissal for 90 days' unauthorised absence upheld — pure service matter, no civilian victim.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Disciplinary action upheld.

[Open CW-2008-0017](https://datalibertarian.in/babuwatch/incident/CW-2008-0017)