SONU KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

(2.) The petitioner is seeking quashing of an order dtd. 15/12/2018 passed by the Superintendent of Police, Supaul, whereby punishment of dismissal from service has been imposed upon him. The petitioner's appeal has been rejected by the Deputy Inspector General of Police, Koshi Range, Saharsa, by an order dtd. 24/5/2019, which is also under challenge in the present writ application.

(3.) The petitioner, at the relevant point of time, was posted as constable (driver) in Supaul Police Station. Allegedly, on 15/9/2018 a video clip had become viral in which the petitioner was seen as consuming alcohol. An enquiry was ordered by the Inspector General of Police, whereafter, the Sub Inspector of Police namely, Deonandan Das conducted an enquiry and found the petitioner consuming alcohol. An F.I.R. was registered against him on 16/9/2018 for the offences punishable under Sec. 30(a) and 37(a) of the Bihar Prohibition and Excise Act, 2016. He was put under suspension by the Superintendent of Police, Supaul by an order dtd. 17/9/2018 in contemplation of departmental proceeding. The said video clip, which had become viral, was telecast by some news channels also. A departmental proceeding was thereafter initiated against him with issuance of chargesheet on 27/9/2018. The chargesheet has been brought on record by way of Annexure-4 to the writ application. The chargesheet refers to an enqury conducted by the Sub Divisional Police Officer, Supaul dtd. 17/9/2018 in respect of the said video clip becoming viral. It is evident from the charge-sheet that the Sub Divisional Police Officer, Supaul, had reported that the said video clip, in which the petitioner was seen consuming alcohol, had become viral and a photograph was also published in the newspaper. In the said report, the Sub-Divisional Police Officer had also mentioned that the petitioner was consuming alcohol in a glass and a bottle filled with alcohol was found near him. Following list of witnesses and list of documents on which the department intended to rely upon in support of the charge were furnished along with chargesheet:-