JUDGMENT :

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