LAWS(PAT)-2019-10-68

LALAN KUMAR SHARMA Vs. STATE OF BIHAR

Decided On October 23, 2019
Lalan Kumar Sharma Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The petitioner was a Constable and, at the relevant point of time, he was posted at Chero Out Post under Harnaut Police Station in the district of Nalanda. Allegedly, on 07.02.2019, he was found creating ruckus in inebriated condition, while on duty. His conduct led to institution of a criminal case for the offence punishable under the provisions of Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as 'the Act'), and initiation of a departmental proceeding under Bihar Government Servant (Classification, Control and Appeal) Rules, 2005. An Enquiry Officer and a Presenting Officer were appointed for the purpose of the departmental enquiry. Enquiry Officer submitted his report on 12.04.2019 (Annexure-P/6) holding the charge framed against the petitioner to be proved. He noticed in his report that breath analyzer test, conducted on the petitioner, after he was apprehended, was found to be positive. Noticing the aspect that consumption of alcohol is prohibited in the State of Bihar under the Act, the Enquiry Officer found the charge of misconduct, against the petitioner of having consumed alcohol against law, that too while on duty, to have been proved. It appears that three witnesses supported the allegation made in the charge-sheet before the Enquiry Officer to prove the case that the petitioner was under the influence of alcohol making rumbling utterances.

(2.) Agreeing with the finding of the Enquiry Officer, the disciplinary authority, by order dated 12.04.2019, imposed upon the petitioner punishment of dismissal from service. The order of the disciplinary authority was subsequently affirmed by the appellate authority by an order dated 31.05.2019, on an appeal preferred by the petitioner. The petitioner's revision application, preferred against the said order dated 31.05.2019 was not entertained as not maintainable. This is the circumstance in which the petitioner has questioned the legality of the order imposing punishment dated 12.04.2019 and subsequent orders passed by the appellate authority dated 31.05.2019 and the order dated 29.06.2019 passed by the Inspector General of Police, Patna Range, Patna.

(3.) A counter affidavit has been filed on behalf of respondent State of Bihar.