The dismissal of a police officer was quashed due to procedural irregularities in the inquiry process, emphasizing the necessity of compliance with established rules.

JUDGMENT :

(Bibek Chaudhuri, J.)

In the instant writ petition, the petitioner has invoked constitutional writ jurisdiction of this Court under Article 226 of the Constitution for the following reliefs:-

(i) For issuance of writ in the nature of certiorari for quashing of the Siwan District Order No. 1424/2020 contained in Memo No. 4942 dated 17.12.2020 issued under the signature of the Superintendent of Police, Siwan (Respondent No. 6) whereby and where under the petitioner has been dismissed from the service on the basis of vague and malicious charges without following the mandate as prescribed under Article 311 of the Constitution of India and without following the due process of law as given under the Bihar Government Servant (Classification, Control & Appeal) Rules, 2005 as the service of the petitioner is govern by the aforesaid rules and the punishment order is completely based on the accounts of whim and fancy of the respondent authorities.

(ii) For further direction to the respondent authorities to reinstate the petitioner to any suitable post with all consequential benefits after holding that the charges has not been proved out and out in accordance with law governing the instant issue.

(iii) And for any such other reliefs for which this Hon'ble Court may deem fit and proper.”

2. The factual aspect leading to the filing of the instant writ petition is that the petitioner was appointed as Sub-Inspector of Police in the year 2009. He has claimed that he had been discharging his duties with the satisfaction of his higher authorities independently, honestly, and without any adverse report. On or about 12th June 2020, an audio chat (in the petition, it was wrongly stated as video) was made viral and it was alleged that the petitioner being a Sub-Inspector of Police was talking to some unknown lady at late hours of night and their chat reflects obscene, immoral and illicit discussion. When the said audio chat was made viral, it prompted the department to initiate an inquiry under the leadership of the Sub-Divisional Police Officer, Town-Siwan, and the petitioner was placed under suspension that is on 13th June 2020. A departmental proceeding was initiated against the petitioner. The memorandum of charge contains three heads of charge which are narrated below:-

(i) While the petitioner was posted at the SHO, Ashav, he was found talking to a lady on some matters beyond his scope of duty, such a specific act of the petitioner lowered down the dignity of the Police Department at large and the said conversation with an unknown lady by the petitioner was an instance of violation of his official duty, dereliction, lack of integrity and carelessness. Charge No. 01 says, on or about 13th June 2020, an audio chat was made viral on social media from which it was ascertained that a man was talking with a woman. On preliminary inquiry, it was found that the said man was the petitioner himself. He was talking to the said lady on some subject beyond the scope of his service. During the preliminary inquiry, the audio chat was confronted with some Police Officers, Constables, and house guards of the petitioner who used to work with him at the relevant point of time and all of them identified the male voice as that of the petitioner’s voice in the said audio chat.

(ii) The petitioner was charged with the allegation that the CDR of the petitioner’s departmental mobile phone having Airtel Mobile No. 9801104445, was examined and it was ascertained that from the said mobile number several calls were made to another person having Mobile No. 74629110313 during the period from 1st June 2020 to 10th June 2020 during odd hours of night. It was also ascertained that the holder of mobile no. 74629110313 is one Karishma Kumari, daughter of Tribhuvan Mishra within P.S. Ashav in the District of Siwan. It is further alleged that the petitioner used private Sim No. 9801104445 in the departmental mobile set.

(iii) It was alleged that the repeated calls made by Khurs