BHUSHAN KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic, requiring social distancing.

(2.) The present writ petition has been filed for quashing the order dated 17.08.2017, passed by the Superintendent of Police, Railway, Muzaffarpur, whereby and wheunder the petitioner has been dismissed from service. The petitioner has also prayed for quashing of the appellate order dated 29.01.2018, passed by the respondent no. 3.

(3.) The brief facts of the case are that the petitioner is alleged to have been found sleeping in a drunken state in the police barrack while he was posted at Samastipur Railway Police Station as Assistant Sub-Inspector of Police on 09.05.2017. Thereafter, an F.I.R. bearing Samastipur Rail PS case no. 22 of 2017 was registered against the petitioner for the offence punishable under Section 37(B) of Bihar Prohibition and Excise Act, 2016. The disciplinary authority had then suspended the petitioner vide Memo dated 09.05.2017and a charge sheet dated 15.05.2017 was served upon the petitioner containing memo of charges. Subsequently, the disciplinary authority vide order dated 30.05.2017, (Annexure C to the counter affidavit) had though appointed the Inquiry / Conducting Officer but no Presenting Officer was appointed. The departmental inquiry had then proceeded and finally, the Inquiry Officer vide inquiry report dated 30.06.2017, had found the petitioner to be guilty of the charges levelled against him.