JAWAHAR KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, who served as Assistant Sub-Inspector of Police, has challenged the order dtd. 5/1/2018, contained in Memo No. 25, passed by the Deputy Inspector General of Police, Eastern Range, Bhagalpur (respondent No. 5), whereby the petitioner has been dismissed from service as also the order dtd. 17/4/2018, contained in Memo No. 414, passed by the Inspector General of Police, Bhagalpur Range, Bhagalpur (respondent No. 4) by which the appeal of the petitioner has also been rejected.

(2.) The challenge to the aforesaid orders, referred to above, is on the ground that without any evidence, the Enquiry Officer has recommended for dismissal of the petitioner and no evidence was adduced during the inquiry for proving the charges against him. The other ground on which the order of punishment has been challenged is that the consumption of liquor by him could not be proved and the only basis for coming to the conclusion that the petitioner had consumed liquor was the Breath Analyzer Test and, lastly, the punishment of dismissal is disproportionate to the charges levelled and said to be proved against the petitioner.

(3.) It is the case of the petitioner that while he was serving as Assistant Sub-Inspector of Police in Nathnagar Police Station, the Inspector-cum-Officer-in-Charge was not favourably disposed towards him and he was made victim of circumstances and was made accused in Nathnagar P.S. Case No. 155 of 2016 for having created ruckus after consuming liquor.