Bibek Chaudhuri, J. – Heard learned Advocate for the petitioner as well as learned Advocate for the State.

2. The petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking for the following reliefs: –

“(i) A certiorari setting aside an order dated 30.11.2021 passed in Service Appeal Case No. 15/2020 by the Divisional Commissioner Koshi Division, Saharsa (Respondent No.2) whereby and where-under the Respondent concerned has in a very casual, mechanical, illegal and torturous manner rejected the service appeal of the petitioner filed against the order of punishment dated 15.01.2020 passed from the level of Respondent District Magistrate, Supaul contained in Memo No. 332 dt. 15.1.2020 without application of it's own judicial mind which has no legal leg to stand upon.

(ii) A further certiorari setting aside the order of punishment passed against the petitioner from the level of Respondent District Magistrate, Supaul contained in Memo No. 332 dated 15.01.2020 in a very arbitrary, illegal, unjust and prejudiced manner which is a case of no evidence and violation of principle of natural justice.

(iii) A mandamus commanding and directing the Respondent concerned to reinstate the petitioner in service w.e.f. the date of his dismissal alongwith all its consequential monetary benefits, as the poor third grade employee petitioner is being penalized and tortured at the behalf of some interested high- ups without any fault on his part.”

3. It is the case of the original writ petitioner (since deceased) that when he was posted in the office of S.D.O. at Nirmali P.S. On 5th February, 2018 he was apprehended by the S.H.O. of the said Police Station on the allegation that he contravened Section 37 (a) and 37 (c) of the Bihar Prohibition and Excise Act, 2016. After his arrest he was in Judicial custody for few days. As per the relevant provision of the Service Code, the original petitioner was suspended from service as he was in incarceration for more than 48 hours. Subsequently, he was released on bail and on his prayer the order of suspension was revoked and he was directed to join his service. However, on the same ground that he consumed alcohol in contravention of the above mentioned provision of the 2016 Act, a departmental proceeding was initiated. Simultaneously, a criminal case was also initiated, which is still pending.

4. In the meantime, the District Magistrate, Supaul passed an order in conclusion of the disciplinary proceeding on 11th January, 2020 and communicated on 15th January, 2020 holding as follows: –

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