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ANSHUMAN
Bhagan Soren – Appellant
Versus
State of Bihar – Respondent
Dr. Anshuman, J. – Heard learned counsel for the petitioner and learned counsel for the appellants.
2. The present writ application has been filed for quashing of order contained in Memo No. 2480 dated 18.08.2018 passed by the Deputy Inspector General of Police, Shahabad Region, Dehri-On-Sone whereby petitioner has been dismissed from service and quashing of the order contained in Memo No. 887 dated 05.03.2019 passed by the Inspector General of Police, Patna Region, Bihar-cum-Appellate Authority and directing the respondent authorities to reinstate the petitioner back in service with all consequential benefits as the whole departmental proceedings was vitiated and was proceeded without properly taking into consideration the material available on record and without compliance of the principles of natural justice.
3. Counsel for the petitioner submits that the petitioner was appointed in police service and at the relevant time, the petitioner was posted as Principal Sub Inspector (Artillery) at Buxar Town Police Station. Charge memo has been issued with the allegation of intoxication and he was arrested by Excise Department Officers from a shop-cum-tea and snacks stall near Etarhi rail
Disciplinary action against police personnel cannot rely solely on a breathe analyzer report for alcohol consumption without corroborative blood or urine tests.
Allegations of misconduct, especially those involving major penalties, must be supported by conclusive evidence. The Disciplinary Authority must consider the individual's past conduct and surrounding....
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