Mohit Kumar Shah, J.—The present writ petition has been filed seeking quashing of the order dated 21.03.2021, as contained in memo dated 23.03.2021, passed by the Superintendent of Police, Vaishali, whereby and whereunder punishment has been inflicted upon the petitioner to the extent of forfeiture of two increments with cumulative effect as also the petitioner has been debarred from being posted as Station House Officer/Outpost incharge for ten years. The petitioner has also prayed for quashing of the appellate order dated 26.7.2021, passed by the Inspector General of Police, Tirhut Range, Muzaffarpur, whereby and whereunder the appeal filed by the petitioner has been rejected.

2. The brief facts of the case according to the petitioner is that he was appointed as Sub-Inspector of Police in the year, 2009 and while discharging his duties to the full satisfaction of all concerned, he was posted as Station House Officer, Ganga Bridge Police Station, Vaishali, on 25.09.2020, where also, he was discharging his duties diligently. On 25.11.2020, he got information that certain miscreants are engaged in manufacturing of illicit liquor and had also amassed huge quantity of illicit liquor, whereupon sanha entry bearing entry no. 645 was made and while the petitioner was getting ready with his police force to conduct a raid at the alleged place of occurrence, the Anti-Liquor Task Force (hereinafter referred to as the “ALTF”) reached at the Ganga Bridge Police Station and thereafter, another sanha entry bearing entry No. 646 was made, whereupon a joint inspection was conducted at the alleged place of occurrence and huge quantity of illicit country made liquor, illicit liquor manufacturing kiln and ten thousand liters of raw jawa mahua mix was recovered.

3. The petitioner was then put under suspension, vide order dated 29.11.2020, issued by the Director General of Police, Bihar, Patna and a departmental proceeding was initiated, vide memo dated 30.11.2020 as also a charge-sheet in Praptra ‘Ka’ was served upon the petitioner, inter alia, alleging therein that vide letter dated 24.11.2020, issued by the Bihar Police Headquarters (Excise & Prohibition Department), Bihar, Patna, it has been stipulated that in case, any illicit liquor is recovered by the Anti Liquor Task Force from within the area falling under the jurisdiction of a particular police station, the Officer-in- Charge of the said police station would be held guilty and severe legal and administrative action shall be taken, hence the disciplinary authority has decided to initiate departmental proceeding against the petitioner, inasmuch as on 25.11.2020, the ALTF had conducted a raid at a place, which falls within the jurisdiction of the Ganga Bridge Police Station, Vaishali and huge quantity of illicit country made liquor and Jawa Mahua mix was recovered, which depicts gross negligence and dereliction in discharge of duties on the part of the petitioner, who was the then Station House Officer, Ganga Bridge Police Station, Vaishali.

4. The Enquiry Officer had then conducted the disciplinary proceedings and had submitted an enquiry report dated 24.02.2021, wherein he had found the petitioner to be not guilty of the charges levelled against him, nonetheless, the disciplinary authority, without issuing any notice/2nd show cause notice to the petitioner, setting out therein the reasons for difference of opinion with the findings of the Enquiry Officer, had merely issued a letter dated 28.02.2021 to the petitioner, enclosing a copy of the enquiry report and asking him to submit his defense explanation on the issue of imposition of punishment. The petitioner had then submitted his reply on 05.03.2021, stating therein that during the brief period of posting at Ganga Bridge Police Station for two months, he had lodged 9 FIRs under the provisions of the Bihar Excise and Prohibition Act, 2016/2018 and had also made recovery of 4584.63 liters of country made/foreign liquor as also had ensured th