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 railway gumti at Buxar.

4. After a secret information, the Officers of Excise Department, Buxar reached at the alleged place of occurrence and took a breath analyzer test of petitioner and found 169.1/100 ml. Thereafter, petitioner was taken to Sadar Hospital, Buxar within an hour and medical examination was done and the result was found 0.00ml which is contrary to the test so conducted by Officials of Excise Department. Thereafter, seizure-cum-arrest memo was prepared on 24.04.2017 itself. The said case was registered being Complaint Case No. 162(o) of 2017. On the basis of such incidence, the then Police Inspector-cum-S.H.O., Buxar town submitted a report dated 28.04.2017 to the Superintendent of Police, Buxar informing the whole occurrence.

5. On the basis of said report and the F.I.R., the order of suspension was passed vide Buxar District Order No. 670/2017, dated 02.05.2017 suspending the petitioner with immediate effect.

6. Counsel submits that charge memo was issued vide Memo No. 1575 dated 12.05.2017 issued by Superintendent of Police, Buxar and appointing Dy. S.P. (HQ), Buxar as conducting officer and in the said charge memo five witnesses and three documents were mentioned.

7. Counsel submits that on receiving the charge memo, the petitioner submitted his written statement before the Conducting Officer in Departmental Proceedings No. 02/2017 and he has protested the manner of excise raids and test whereas the medical examination conducted at Sadar Hospital revealed that no consumption of alcohol is there.

8. Counsel further submits that the disciplinary proceeding has to be conducted against the petitioner according to the Bihar Police Manual, 1978 read with Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 and there is gross violation made by the Enquiry Officer as there is a clear finding of this Hon'ble Court in series of cases in which the conclusive finding on the basis of breath analyzer machine has not been regarded the correct report particularly when the immediate test report of medical examination shows the petitioner has not consumed alcohol.

9. In this regard, counsels for the petitioner relies on the Judgment of Shashi Kant Sharma vs. the State of Bihar reported in 2019 (2) PLJR 156. Counsel also relied on case decided by Hon'ble Supreme Court in case of Gulab Sonba vs. State of Maharashtra reported in (1971) 3 SCC 931.

10. Counsel for the petitioner further submits that here in the present case, from the order of disciplinary authority, it is also clear that the appointment of Presenting Officer is not there and in this regard the Division Bench of this Hon'ble Court has categorically held in case of Sonu Kumar vs. State of Bihar in CWJC No. 17527 of 2019 [: 2022 (2) BLJ 193] that any proceeding without presentin