MD. MUQADDAR KHAN Vs. STATE OF BIHAR
HIGH COURT OF PATNA
Md. Muqaddar Khan
STATE OF BIHAR
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CHAKRADHARI SHARAN SINGH,J. -
(1.) Invoking Article 311(2)(b) of the Constitution of India, Rule 20 of Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as 'BGS, CCA Rules') and Clause 10(ii) of Appendix 49 of Volume-3 of Bihar Police Manual, the petitioner has been dismissed from service for his conduct, which, according to the disciplinary authority, constitutes misconduct under Bihar Government Servant Conduct Rules, 1976 and an offence under the provisions of Bihar Prohibition and Excise Act, 2016, warranting such action. The said order dated 31.05.2020 passed by the Commandant, Bihar Military Police-12, Saharsa (I.R.B.-2) (hereinafter referred to as the Disciplinary Authority) has been put under challenge in the present writ application.
(2.) From the impugned order, it transpires that, at the relevant point of time, the petitioner, a member of Bihar Military Police (BMP), was deputed at Adarsh Police Station, Kishanganj. Impugned action against him has been taken in the light of a report of the Superintendent of Police, Kishanganj, dated 27.05.2020 to the effect that the petitioner was found causing ruckus in an inebriated condition in the police barrack in the night of 26.05.2020. The petitioner allegedly misbehaved with police officials when they attempted to intercede and, on medical examination, he was found to have consumed alcohol. As consumption of alcohol, after enforcement of prohibition laws in the State of Bihar, is an offence, the conduct of the petitioner, in the opinion of the disciplinary authority, constituted offence punishable under Section 37(c) of Bihar Prohibition and Excise Act, 2016, the misconduct was of grave nature. Rule 4 of Bihar Government Servant Conduct Rules, 1976, restrains the Government servants from consumption of alcoholic drinks or intoxicating items. In the opinion of the Disciplinary Authority, the conduct of the petitioner attracted imposition of major punishment. The Disciplinary Authority thereafter referred to Clause 10(ii) of Appendix 49 of Volume-3 of Bihar Police Manual for taking action of the petitioner's dismissal from service without resorting to regular departmental enquiry against him.
(3.) Through letter issued vide Memo No.873 dated 28.05.2020, the petitioner was asked to explain as to why he should not be dismissed from service. The petitioner submitted his explanation on 29.05.2020 asserting therein that Eid festival was on 25.05.2020, and he, being 'a Rozdar', had developed weakness and had taken some homeopathic medicines. He denied any intentional misbehavior with the police personnel/officials. According to him, the alcometer detected 3.04% of alcohol content in breath, which could not be said to be conclusive evidence of consumption of alcohol. He made allegation against some of the police personnels of unnecessarily harassing him for ulterior reasons. Considering the petitioner's explanation to be imaginary, the disciplinary authority rejected the same and imposed upon the petitioner punishment of dismissal from service without holding any disciplinary enquiry.;
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