Departmental enquiry quashed for violating rules by denying cross-examination opportunity, examining witnesses behind back with only signature proof, and failing to consider replies; remitted for fresh proceedings.

JUDGMENT :

Heard the learned counsel for the parties.

2. The present writ petition has been filed for the following reliefs:-

I. That the present writ application is being filed in the nature of Certiorari for quashing the Memo No. 493 dated 25.02.2022 (Annexure-P/13) passed by the Superintendent of Police, Jamui by which the petitioner has been dismissed from the post of constable; on the ground that the procedure given under Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 (herein after referred as "Bihar CCA Rules, 2005") specially Rule 17(14) by which the petitioner was not allowed to cross examine the witnesses, also the entire proceeding is without having the proper witness and an empty formality has been done;

II. That the present writ application has been filed in the nature of Certiorari for quashing the Jamui District Order No. 450/2022 bearing memo no. NIL dated 24.04.2022 (Annexure-P/15) passed by the Deputy Inspector General, Munger Range, Munger by which the appeal filed by the petitioner has been dismissed and the order passed by the appointing authority has been affirmed; on the ground that despite of raising all the plea as given under Bihar CCA Rules, 2005 has not been considered and it is an empty formality done;

III. That the present writ application is being filed in the nature of Certiorari for quashing the enquiry report dated 28.12.2021 in District Enquiry No. 72 of 2021 by which the petitioner has found to be guilty on the ground that the entire enquiry, there was no opportunity being given for cross examination of the witnesses, the witnesses had only identified the signature of the concerned person, there is no proper enquiry conducted by following procedure under Bihar CCA Rules, 2005;

IV. That the present writ application is being filed in the nature of Mandamus for a direction to reinstate the petitioner on the post of Constable in the District Jamui with all consequential relief;

3. The learned counsel for the petitioner submits that the petitioner was a constable in the Bihar Police. One FIR bearing Laxmipur P.S. Case No. 193 of 2021 dated 28.06.2021 was instituted under Section 37(b)(c) of the Bihar Prohibition and Excise (Amendment) Act, 2018, against the petitioner with an allegation that the petitioner had consumed liquor and abused other fellow constables and created ruckus in the barrack. During breath analyzer test, 92.3 ml per 100 ml of alcohol was found and medical test was conducted at Laxmimpur referral hospital, where it was confirmed that the petitioner had consumed liquor and accordingly he was taken into custody. The petitioner was put under suspension w.e.f. 29.06.2021, which was subsequently revoked vide memo no. 2783 bearing Jamui District Order No. 1117/21 dated 20.09.2021 issued under the signature of the Superintendent of Police, Jamui. Departmental proceeding was initiated against the petitioner and vide letter contained in Memo No. 3034 dated 29.10.2021 the petitioner was directed to file his show cause reply within five days. The petitioner submitted his reply wherein he denied the charges and it was specifically mentioned by the petitioner that he was prescribed medicine by the doctor on 07.04.2021 and since he had consumed the medicine, the Officer In-Charge implicated him in Laxmipur P.S. Case No. 193 of 2021. The petitioner requested the Departmental Authority to take sympathetic view against him and to exonerate him from the charges levelled against him.

4. The learne