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Jharkhand High Court
Court On Its Own Motion vs State Of Jharkhand on 12 September, 2011
          IN THE HIGH COURT OF JHARKHAND AT RANCHI.
                          W.P. (C) No. 1233 of 2008
                                        ...
          Court on its own Motion                        ...     ...     Petitioner
                                -V e r s u s-
          The State of Jharkhand and others ...            ...   Respondents
                                        ...
CORAM: - HON'BLE THE CHIEF JUSTICE.
          HON'BLE MR. JUSTICE P.P. BHATT.
                                        ...
          For the Petitioner            : - Mrs. M. M. Pal, Sr. Advocate.
          For the Respondents           : - J.C. to A.G.
                                        ...
    Order No. 23                                       Dated 12th September, 2011
                                        ...

We have perused the supplementary counter affidavit, filed on 04th
August, 2011. Along with this affidavit, a communication from the Senior
Superintendent of Police, dated 20th July, 2011 has been annexed, wherein it has
been communicated that Smt. Nirmala Amitabh Choudhary, an I.P.S. Officer, is
an accused in a criminal case registered under Sections 143/144/146/323/339 and
352 I.P.C. and in the last para, it has been stated that the order to arrest the
accused has already been issued. No date of such order has been mentioned in this
report and thereafter, it has been mentioned that the investigation is pending.

The Director General of Police shall submit the affidavit, whether
the investigation has yet been completed or not and if not completed, why it has
not been completed and if the Investigating Officer is not discharging his duties,
why action has not been taken against that person, who is not taking action in
such a serious matter by not filing the challan and the final report, whatever it
may be. From the affidavit, we also could not find out whether any departmental
enquiry was held against the officer or not, therefore, the State is directed to state
in clear terms whether a departmental proceeding was initiated against the said
Smt. Nirmala Amitabh Choudhary and if so initiated, then whether the
investigation has been completed or not and if not completed then what is the
stage and by what time, the enquiry is likely to be completed.

Put up this case on 12th October, 2011.

(Prakash Tatia,C.J.)

(P.P. Bhatt, J.)
APK/Anu


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