# Bihar Police Constable v. State of Bihar & Ors.

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-2018-0012](https://datalibertarian.in/babuwatch/incident/CW-2018-0012)

## Report card

By judgment dated 11 September 2018 in Civil Writ Jurisdiction Case No. 20236 of 2010, the Patna High Court (Coram: Mohit Kumar Shah, J.) upheld the disciplinary action taken against the Constable, Bihar Police.

- Register number: BR 33 CW 0002
- Case reference: Civil Writ Jurisdiction Case No. 20236 of 2010 / 2018 SCC OnLine Pat 1703
- Court and date: Patna High Court (Coram: Mohit Kumar Shah, J.), 11 September 2018
- Officer(s) at the material time: Constable, Bihar Police
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Not stated in the cited sources
- Finding of the Court (extract): “Moreover, this Court also finds that a high level of discipline is imperative in the Police and Armed Forces and even one isolated incident of discipline is enough to take the most harsh step against the delinquent. However, in the …” (at para n/a)
- 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/187888229/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2018-0012)

**Record:** CW-2018-0012 (compiler id CWC-0664); case SWOTHERM-028
**Title:** Bihar Police Constable v. State of Bihar & Ors.
**Court:** Patna High Court; judges: Mohit Kumar Shah
**Case number / citation:** Civil Writ Jurisdiction Case No. 20236 of 2010 / 2018 SCC OnLine Pat 1703
**Judgment:** 2018-09-11 (2018, day precision)
**Incident date:** 2008-01-09 (2008)
**Place:** Samastipur, Bihar; force: state_police
**Category:** Other misconduct
**Sub-category:** other
**Outcome:** Disciplinary action upheld (disciplinary_upheld)
**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. Constable, appointed on compassionate ground in July 1998, absconded from duty without information on several occasions, including during training at BMP-5 Patna from January 2008. After an enquiry proved the charges and a second show-cause notice, the SP Samastipur dismissed him on 22 December 2009, and his departmental appeal was rejected on 8 June 2010. The Patna High Court held ample evidence proved the guilt, past punishments for unauthorised absence could be considered, and a high level of discipline is imperative in police forces, and dismissed the writ petition as without merit. Matters not addressed in the cited judgment text are not recorded here.

> Moreover, this Court also finds that a high level of discipline is imperative in the Police and Armed Forces and even one isolated incident of discipline is enough to take the most harsh step against the delinquent. However, in the instant case, the petitioner is a habitual offender and had absconded on several occasions from his duties without any information to the respondents, hence no mercy is required to be shown with the petitioner especially in view of his proved misconduct.

**Sources (2):** [indiankanoon.org](https://indiankanoon.org/doc/187888229/); [scconline.com](https://www.scconline.com/blog/post/2018/09/15/high-level-of-discipline-imperative-in-the-police-forces-absconding-on-various-occasions-cannot-be-accepted-patna-hc/)
**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:** n/a
**display title redacted:** Bihar Police Constable v. State of Bihar & Ors.
**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': 'holds', 'corrections_applied': \[\]}
**followup status:** checked
**institutional response:** {'date': '2018-09-11', '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': '2018 SCC OnLine Pat 1703', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://indiankanoon.org/doc/187888229/', 'link_checked': None}; {'url': 'https://www.scconline.com/blog/post/2018/09/15/high-level-of-discipline-imperative-in-the-police-forces-absconding-on-various-occasions-cannot-be-accepted-patna-hc/', '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:** Patna HC dismissed writ, upheld dismissal of habitually absconding constable; no merit found.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Disciplinary action upheld.

[Open CW-2018-0012](https://datalibertarian.in/babuwatch/incident/CW-2018-0012)