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2023 Supreme(Pat) 1089

MOHIT KUMAR SHAH
Chandan Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: Mrs. Shruti Sinha.
For the Respondents: Mr. Md. Nadim Seraj (GP-5).

Mohit Kumar Shah, J.—This writ petition has been filed for quashing the order dt. 8.5.2021, passed by the Superintendent of Police, Begusarai, whereby and whereunder the petitioner has been dismissed from service as also the appellate order dt. 26.04.2022, passed by the Deputy Inspector General, Begusarai Range, Begusarai, whereby the appeal filed by the petitioner has been rejected.

2. The brief facts of the case, according to the petitioner, are that the petitioner had joined the services of Bihar Police as Driver Constable on 22.09.2017, in the district of Begusarai, whereafter he was sent for training at Constable Training Centre, Nathnagar, Bhagalpur, however a charge sheet was served upon the petitioner dated 17.03.2020, inter alia alleging therein that on 02.01.2020 at about 8:00 P.M. in the evening, the petitioner, in an inebriated condition, had created ruckus in the mess with other trainees, whereupon the Nathnagar Police force had arrived and breath analyzer test of the petitioner was carried out, in which alcohol was detected and the test result showed Blood Alcohol Content as 145ml/100gm, leading to lodging of Nathnagar P.S. Case No. 06 of 2020 dated 02.01.2020 under Se

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