Disciplinary action must be based on sufficient evidence, and ambiguity in the applicability of disciplinary rules requires clarification from the State Government.

JUDGMENT

Chakradhari Sharan Singh, J. - Sixteen persons were reported dead because ofconsumption of illicit liquor on 16.08.2016 in village Khajuria, falling under Gopalganj (Town) Police Station in the District of Gopalganj. The petitioner, on the said date, was posted as an Armed Guard in the said Police Station. After receiving the said information, a raid was conducted, leading to recovery of huge quantity of semi fermented country made liquor and other intermediate/final products intended to be used in the preparation of country-made liquor. An F.I.R. was registered as Gopalganj P.S. Case No. 347 of 2016.

2. Soon thereafter, the petitioner along with 29 police personnel posted in the Police Station was placed under suspension as a fallout of the occurrence. The petitioner was placed under suspension vide order no. 738/16 dated 18.08.2016. The order of suspension was subsequently revoked by an order dated 05.01.2017 and a decision was taken to initiate departmental proceeding against him. Charges were framed against the petitioner by the Superintendent of Police, Gopalganj, which were issued vide memo no. 217 dated 07.02.2017 (Annexure 1). The charge sheet has been brought on record by way of Annexure 1 to the writ application, in which, apart from recital of the occurrence, which had taken place on 16.08.2016, it was mentioned that in relation to New Excise Policy of the State Government, the concerned police personnel were instructed to strictly follow the orders/instructions issued by the State Government, Police Headquarters and other Senior Officers and crime meetings were also held by the Disciplinary Authority (Superintendent of Police) from time to time for recovery of illicit liquor. The activities of preparation and sale of illicit liquor in a village hardly at a distance of 2 kms from the Police Station were within the knowledge of the police officers and other personnel of the Police Station, which was not taken seriously. This was considered to be indicative of negligence, dereliction of duty and suspicious conduct of the police officers/personnel. For quick reference, the misconduct alleged against the petitioner in the charge sheet is being reproduced hereinbelow verbatim:-

3. It is evident from the charge memo that the Disciplinary Authority intended to rely on following documentary evidences to establish the charge framed against the petitioner:-

i) Gopalganj Jiladesh Number- 738/2016

ii) Gopalganj Jiladesh Number- 19/2017

iii) Copy of the F.I.R.

4. Further, the department intended to examine the following witnesses to establish the aforesaid charge:-

I) Confidential Reader, Superintendent of Police, Gopalganj

II) Reserved Sub-Inspector, Police Line Gopalganj

III) Station House Officer, Town Police Station, Gopalganj.

5. Be it noted that the document at item no. 1 hereinabove was the order whereby the petitioner was put under suspension and the document at item no. 2 of the charge sheet was the order whereby the said order of suspension was revoked. The third document was apparently the First Information Report registered in respect of the occurrence in question. In the departmental enquiry, the Confidential Reader proved the documents at item no. 1 and 2, which were issued by the Superintendent of Police, Gopalganj, after the occurrence was reported. The Reserved Sub-Inspector of Police also proved the said two documents. The Officer In-Charge of the Police Station proved registration of Gopalganj Town P.S. 347 of 2016.

6. The Enquiring Authority submitted its report on 20.11.2018. He recorded in his report that the petitioner must have been going to the nearby villages for patrolling duty and for investigation of cases. He further recorded that the petitioner should have known that there was complete prohibition imposed by the State of Bihar and stringent provisions have been made for implementation of prohibition laws. Despite that, illegal business of illicit liquor at a place hardly 2 kms away from the Police