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BIBEK CHAUDHURI
Dheeraj Kumar – Appellant
Versus
State of Bihar – Respondent
ORDER
The petitioner was a Constable of police attached to Kishanganj Police Station in the year 2021. On 05th May 2021, police conducted raid in the rented premises of one Suresh Poddar situated at Dumariya Bhatta, Ward No. 29 within the P.S. Kishanganj and recovered 03 empty tetra packets of foreign liquor under the brand named “Officer’s Choice”. The petitioner was arrested from the said tenant’s rent premise. It was alleged that the petitioner consumed liquor in violation of Bihar Prohibition and Excise Act, 2016 and, therefore, a case was registered against the petitioner being Kishanganj Police Station Case No. 207/2021 dated 05th May 2021 for the offence committed under Section 30(a)/37(b) of the Bihar Prohibition Act, 2016. The petitioner was suspended from his service with effect from 08th May 2021 and subsequently, a departmental charge-sheet was filed against him on the same set of facts. The departmental charge framed by the Superintendent of Police, Kishanganj is as follows:—
^^¼01½ fd'kuxat Fkkuk ds dk;kZy; i=kad& 1698@21, fnukad 08-05-2021 ds }kjk ,d fyf[kr izfrosnu ds Nk;kizfr ds lkFk vèkksgLrk{kjh dks lefiZr fd;k x;kA ftlesa iqŒvŒfuŒ jkeyky Hkkjrh ds }kjk ojh; inkfèk
Disciplinary action against police personnel cannot rely solely on a breathe analyzer report for alcohol consumption without corroborative blood or urine tests.
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.
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