VIKASH KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) This writ petition has been filed on behalf of the petitioner for quashing the order as contained in Memo No.736 dtd. 8/4/2019, issued under the signature of Superintendent of Police, Railway, Muzaffarpur, by which the petitioner has been dismissed from service. The petitioner also prayed for quashing the appellate order passed by Additional Director General of Police, Railway, Bihar, Patna vide Memo No.796 dtd. 14/6/2019, by which the departmental appeal preferred by the petitioner has been rejected. Further prayer of the petitioner is to quash the order as contained in memo no. 77 dtd. 6/4/2022 issued under the signature of Director General of Police, Bihar, Patna, by which the memorial appeal preferred by the petitioner has been rejected. Lastly, it has been prayed by the petitioner to direct the respondent to reinstate him and also grant him all consequential benefits.

(3.) It is the case of the petitioner that while he was posted as Hawaldar at Hajipur Railway Station, an F.I.R. bearing Rail Sonepur (Hajipur) P.S. Case No. 47 of 2019 dtd. 29/3/2019 was registered against him for the offences punishable under Sec. 37(b) and 37(c) of the Bihar Excise and Prohibition Act, 2016. In the FIR, it has been alleged against the petitioner that he was creating nuisance in the Police Bairak and therefore he was arrested and was taken to Sadar Hospital, where he was examined through breath analyzer machine and alcohol was detected in his blood. The smell of alcohol was also coming from his breath.