Harish Kumar, J.—This Court has heard Mr. Ramakant Sharma, learned Senior Advocate with Mr. Rakesh Kumar Sharma, learned Advocate for the petitioners and Mr. Shailesh Kumar, learned Advocate as well as Mrs. Babita Kumari, learned Advocate for the State.

2. Since both the impugned orders inflicting the punishment of dismissal from services are arising out of the one and the same occurrence, leading to identical charges and departmental proceeding in the premise of similar facts, hence both the writ petitions are being heard together and disposed off by this common order.

3. In CWJC No. 1208 of 2021, the challenge is made to the order contained in Memo No. 286 dated 27.02.2020, passed by the Superintendent of Police, Rail, Muzaffarpur, whereby and whereunder, in pursuant to Departmental Enquiry No. 16/2019, the petitioner has been inflicted with the punishment of dismissal. The appeal preferred by the petitioner also came to be rejected vide order contained in Memo No. 173 dated 26.05.2020, issued under the signature of respondent no. 3, The Additional Director General of Police, Law & Order, Bihar, Patna. The challenge is also made to the aforesaid order along with the memo of charge.

4. In CWJC No. 1528 of 2021, the challenge is made to the order contained in Memo No. 287 dated 27.02.2020, passed by the Superintendent of Police, Rail, Muzaffarpur, whereby and whereunder, in pursuant to Departmental Enquiry No. 14/2019, the petitioner has been inflicted with the punishment of dismissal. The appeal preferred by the petitioner also came to be rejected vide order contained in Memo No. 172 dated 26.05.2020, issued under the signature of respondent no. 3, The Additional Director General of Police, Law & Order, Bihar, Patna. The appellate order as well as the memo of charge, are also put to challenge, herein.

5. The short facts, which led to the filing of the present writ petitions, as culled out from the materials available on record, are summarized hereinbelow:—

(i) At the relevant time, while the petitioners were posted as Constable at Rail P.P., Hasanpur; on 10.10.2019, a video was made viral in social media that in a hall like barrack situated behind Railway P.P., Hasanpur, DPC.- 334 Manoj Kumar Singh and Bhusan Kumar Nirmal, railway employee were seen eating food sitting on chair and table. During the dining, both the aforenoted persons, picked up a bottle under the table and poured the substance in the glass and consumed the same. In the said video, the petitioner of CWJC No. 1208 of 2020 (Srikant Prasad) was found sleeping and Sub-Inspector, Baijnath Singh and petitioner of CWJC No. 1528 of 2021 (Driver Constable 07- Bipin Kumar) were found talking about a women liquor smuggler, Renu Devi.

(ii) On account of the viral video in social media, the Dy.S.P., Samastipur Rail was authorized to enquire into the matter, who submitted his report on 12.10.2019. Based upon the aforesaid report, the Superintendent of Police, Rail Muzaffarpur directed for institution of an FIR, accordingly, Rail Samastipur (Hasanpur) P.S. Case No. 179 of 2019 was registered for the offences punishable under Section 37(a) of the Bihar Prohibition and Excise Act, 2016 on 16.10.2019.

(iii) The blood and urine sample of the police personnels were collected on 14.10.2019 and forwarded to the Forensic Science Laboratory, Muzaffarpur and after clinical examination, report was furnished on 03.01.2020. In the meanwhile, the petitioners were placed under suspension and a decision was taken to initiate a departmental proceeding against the petitioners. After appointment of the Enquiry Officer as well as Presenting Officer, the memo of charge containing the imputation, constituting misconduct and unbecoming a member of a discipline force, on account of their suspected presence in the room. The memo of charge contains the list of documents as well as the list of witnesses.

(iv) The petitioners submitted their detailed written statement/explanation refuting all the allegations.