MOHIT KUMAR SHAH
Birendra Kumar Singh – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J. – The present writ petition has been filed for quashing the order dated 11.05.2020, passed by the Deputy Inspector General of Police, Koshi Range, Saharsa, whereby and whereunder the petitioner has been dismissed from service. The petitioner has also challenged the order dated 21.09.2020, passed by the Director General of Police, Bihar, Patna, rejecting the memorial filed by the petitioner.
2. The brief facts of the case, according to the petitioner are that the petitioner was appointed as a Constable with the Bihar Police, has rendered more than 20 years of service and has also been promoted to the post of Assistant Sub-Inspector of Police, apart from being rewarded on several occasions for his sincere and disciplined service. It is stated that while the petitioner was posted as Assistant Sub-Inspector of Police at Saharsa Police Kendra, Saharsa but was on deputation for Karakat Lok Sabha Election at Manjhauli, under Sanjhauli Police Station, he was allegedly found having consumed liquor during duty hours, hence was sent to judicial custody persuant to lodging of an F.I.R. bearing Sanjhauli P.S. Case No.67 of 2019 dated 19.05.2019 under Section 37 (B) of the Bi
The dismissal of a police constable was found unjustified due to lack of evidence and violation of natural justice principles, emphasizing the need for fair inquiry procedures.
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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