# Bhagalpur Police Inspector vs The State of Jharkhand and Others

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-2024-0038](https://datalibertarian.in/babuwatch/incident/CW-2024-0038)

## Report card

By judgment dated 12 June 2024 in L.P.A. No. 385 of 2023, the Jharkhand High Court (Coram: Sujit Narayan Prasad, Arun Kumar Rai, JJ.) upheld the disciplinary action taken against the Inspector, Kotwali Police Station, Bhagalpur.

- Register number: BR 10 CW 0012
- Case reference: L.P.A. No. 385 of 2023
- Court and date: Jharkhand High Court (Coram: Sujit Narayan Prasad, Arun Kumar Rai, JJ.), 12 June 2024
- Officer(s) at the material time: Inspector, Kotwali Police Station, Bhagalpur
- Present service status: Recorded in the cited sources as dismissed from service.
- Provisions invoked: Article 311(2)(a) of the Constitution of India
- Finding of the Court (extract): “This Court, considering the fact that once the public servant has been convicted and the said conviction order has sustained upto the final adjudicatory forum, i.e., the Hon'ble Apex Court, therefore, is of the view that such public servant cannot …” (at para 53)
- 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/94038206/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2024-0038)

**Record:** CW-2024-0038 (compiler id CWC-0879); case GAP2-48-002
**Title:** Bhagalpur Police Inspector vs The State of Jharkhand and Others
**Court:** Jharkhand High Court; judges: Sujit Narayan Prasad; Arun Kumar Rai
**Case number / citation:** L.P.A. No. 385 of 2023
**Judgment:** 2024-06-12 (2024, day precision)
**Incident date:** 1997-11-18 (1997)
**Place:** Bhagalpur, Bihar; city town: Bhagalpur; police station or unit: Kotwali Police Station, Bhagalpur (at time of misconduct); force: state_police
**Category:** Other misconduct
**Sub-category:** other
**Outcome:** Disciplinary action upheld (disciplinary_upheld)
**Sections:** Constitution Art. 311(2)(a)
**Officers (gated display forms):** Inspector, Kotwali Police Station, Bhagalpur (1 in record)
**Victims:** Not stated (0 in record)
**Sentence / compensation:** dismissal
**Sentence type:** dismissal (dismissal)

The appellant, Inspector-in-Charge of Kotwali police station at the time, was convicted of criminal contempt with eight other policemen for the November 1997 Bhagalpur court-premises disruption, a conviction affirmed by the Supreme Court, and was dismissed from service by Jharkhand in 2004 after bifurcation. His departmental appeal failed and the Single Judge dismissed his writ; he sought parity with co-delinquents whose dismissals had been reduced. The Division Bench held that a public servant whose criminal conviction stands to the final forum cannot be retained under Article 311(2)(a), that parity cannot be claimed from illegal relief given to others, and dismissed the appeal, sustaining the dismissal.

> This Court, considering the fact that once the public servant has been convicted and the said conviction order has sustained upto the final adjudicatory forum, i.e., the Hon'ble Apex Court, therefore, is of the view that such public servant cannot be allowed to retain on the post, otherwise, the same will hit the constitutional mandate as under Article 311 (2)(a) of the Constitution of India.

**Sources (1):** [indiankanoon.org](https://indiankanoon.org/doc/94038206/)
**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:** 53
**display title redacted:** Bhagalpur Police Inspector vs The State of Jharkhand 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': 'holds', 'corrections_applied': \[\]}
**followup status:** checked
**institutional response:** {'date': '2024-06-12', 'action_type': 'Order issued', 'status': 'Concluded', 'authority': 'Jharkhand High Court', 'independence': 'External', 'legal_effect': 'Binding', 'description': 'The Jharkhand High Court upheld service punishment imposed on police personnel.', 'disposition': 'Disciplinary action · Procedural only', 'source': 'L.P.A. No. 385 of 2023', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://indiankanoon.org/doc/94038206/', '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:** Dismissal over Supreme Court-affirmed Bhagalpur contempt conviction sustained; no parity with co-delinquents.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Disciplinary action upheld.

[Open CW-2024-0038](https://datalibertarian.in/babuwatch/incident/CW-2024-0038)