STATE OF BIHAR Vs. DHARMRAJ SINGH

JUDGEMENT

(1.) The present Letters Patent Appeal has been filed by the respondents-State/Appellants assailing the order dtd. 9/5/2024, passed by the learned Single Judge, whereby the writ application has been allowed in favour of the petitioner /respondent by setting aside the order of his dismissal from service dtd. 2/7/2020 and also affirming the order of dismissal dtd. 30/9/2020 as well as order dtd. 29/6/2021 dismissing the memorial appeal of petitioner/respondent. Noticing that the petitioner /respondent has since retired, a further direction of giving all his retirement dues and financial benefits during the period 16/1/2020 till the date of his superannuation has been passed.

(2.) The facts of the case reveals that the respondent, after rendering satisfactory service for about thirty-two years as a constable of police under the Home Department, Government of Bihar, Patna was promoted to the post of Assistant Sub-Inspector in the year 2020. While he was posted in the reserved force at Motihari police Line, a raid was conducted in the Barrack with regard to consumption of liquor and the respondent was arrested upon finding that he had consumed liquor and Motihari Town P.S Case No. 59/2020 was registered against him under Sec. 37(b) of the Bihar Prohibition and Excise (Amendment) Act, 2018. and departmental proceeding No. 03/2020 was also initiated against him.

(3.) The learned Counsel for the appellant, has submitted that the delinquent was given an opportunity to defend his case and after following due procedure in the departmental proceeding, the punishment of dismissal was awarded to the respondent vide range order no. 55 of 2020. It has been contended that after coming into force of the Bihar prohibition and Excise Act, 2016, the consumption of liquor in the State of Bihar is an offence and has also pointed out that Rule 4 of the Bihar Government Servant 's Conduct Rules, 1976 was amended in accordance with the said Act.