Rajeev Ranjan Prasad, J.—Heard Ms. Nivedita Nirvikar, learned senior counsel assisted by Mr. Ranjit Kumar Yadav, learned Advocate for the petitioner and Mr. Ajay Kumar, learned AC to GP-4 for the State.

2. Petitioner, in the present case, is seeking quashing of the order as contained in Memo no. 8716 dated 30.08.2022 issued by respondent no. 2 by which the review against the order vide memo no. 63 dated 27.01.2022 issued by the Director General of Police has been rejected. The Director General of Police has suo-moto reviewed the order no. 207/2021 dated 30.07.2021 passed in the departmental proceeding no. 08/2021, set-aside the same and imposed a punishment of reverting the petitioner to the post of sub-Inspector for five years in the basic pay and that the petitioner would not be entitled for anything more than subsistence allowance for the period of suspension, the petitioner further prays for setting aside the order dated 05.01.2023 passed by Additional Director General of Police (Budget/Appeal/Kalyan) who rejected the appeal of the petitioner against the order no. 207/2021 dated 30.07.2021.

Brief facts of the case

3. The petitioner was posted as Police Inspector-cum-Station House Officer in Kankarbagh Police Station between the period 17.04.2020 to 30.11.2020. During his period, special drive was conducted by a joint central team of Bihar Police Headquarter (Prohibition and Excise cell) for recovery of illegal liquor.

4. It is stated that on 25.11.2020, a raid was conducted in the house no. 14/124 of Ajay Roy @ Lulha in Road No. 14, Ashok Nagar, Patna, in the said raid 25 liters of country liquor (Mahua) was recovered. A case being Kankarbagh P.S. Case No. 911/2020 was registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Suspension of the petitioner and initiation of departmental proceeding

5. By letter no. 1325 dated 29.11.2022 issued by the Director General of Police, Bihar, Patna the petitioner was placed under suspension and a direction was issued to initiate a departmental proceeding against him. It was alleged that the petitioner failed in collection of information and implementation of the Prohibition under Excise Act which shows his in-activeness and carelessness and he has been found incompetent in putting control over the liquor traders.

6. Vide Patna District Order No. 4818/2020, the Senior Superintendent of Police, Patna directed to initiate a departmental proceeding against the petitioner. Accordingly, he was placed under suspension and charges were framed against him vide memo no. 379 dated 10.12.2020 (Annexure ‘3’).

7. In course of enquiry, two witnesses namely, Gautam Kumar and Dinesh Kumar Mishra who were ASI and SI respectively were examined, they proved the letter as contained in Memo No. 34 dated 03.02.2021 and letter vide Memo No. 3506 dated 30.11.2020. It is stated that letter no. 34 of 03.02.2021 was not mentioned in the list of documents enclosed with the memo of charge and the same was not given to the petitioner.

8. It is stated that the enquiry officer submitted his enquiry report vide memo no. 1165 dated 14.06.2021. Thereafter, vide Central Zonal Order No. 207/2021 dated 30.07.2021 a punishment of stoppage of one increment with non-cumulative effect which would be equivalent to two black mark was imposed upon the petitioner. It was further ordered that the petitioner would not be entitled for any payment for the period of suspension except his subsistence allowance.

9. An appeal preferred by the petitioner before the Additional Director General of Police (Budget/Appeal/Kalyan) Bihar, Patna against the order of punishment was rejected. During pendency of the appeal, the petitioner was served with a show cause notice vide Annexure ‘9’ to the writ application issued by the Deputy Director General of Police (Personnel), Bihar, Patna under the direction of the Director General of Police whereby it was communicated to the petitioner that a decision has been taken to review the punishmen