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CHAKRADHARI SHARAN SINGH
Md. Muqaddar Khan Son of Md. Rashid Khan – Appellant
Versus
State of Bihar through the Principal Secretary, Department of Home, (Police) – Respondent
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
The main legal point established in the judgment is the requirement for the disciplinary authority to record in writing the satisfaction regarding the non-practicability of holding an enquiry under A....
Dismissal from service matter - Rule 23 of Rules of 1991 clearly indicate that provisions of Revision are not mandatory in nature and are clearly at discretion of Officer whose appeal has been reject....
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