IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No 9802 of 2022 ======================================================

Kundan Gauraw S/o Ravindra Kumar Singh Resident of Village-Samhota, P.O.-Kopa Samhota, P.S.-Kopa, District-Saran (Bihar).

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Home Department, Govt.

of Bihar, Patna.

2. Director General of Police, Bihar, Patna.

3. Deputy Inspector General of Police, STF, Bihar, Patna. 4. Superintendent of Police (Training), STF, Bihar, Patna.

5. Police Inspector-Cum-Enquiry Officer, STF, Bihar, Patna.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr Raju Giri, Sr Advocate with M/s Harsh Vardhan, Harsh Raj, Chetan Anand, Kr Shantanu, Advocates For the Respondent/s : Mr Dhurendra Kr, AC to GP V ======================================================

CORAM: HONOURABLE MR JUSTICE RITESH KUMAR

ORAL JUDGMENT

Date : 10-02-2026 Heard the parties.

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

“I To issue an appropriate writ/order/direction, in the nature of certiorari for quashing the order dated 21.12.2021 passed by the Superintendent of Police (Training), STF, Bihar, Patna by which the petitioner has been dismissed from service.

II To issue an appropriate writ/order/direction, in the nature of certiorari for quashing the order dated 04.04.2022 passed by the Deputy Inspector General of Police, STF, Bihar, Patna by which the appeal of the petitioner has been rejected.

III To issue an appropriate writ/order/direction, in the nature of certiorari for quashing the enquiry report dated 22.10.2021 submitted against the petitioner in STF Departmental Enquiry No 10/21 by the Inspector -cum- Enquiry Officer, STF, Bihar, Patna.

IV To issue an appropriate writ/order/direction, in the nature of mandamus commanding the respondents to reinstate the petitioner in service as Police Constable in Bihar Police with all consequential benefits.

V To any other relief or reliefs for which the petitioner is found to be entitled in the facts and circumstances of the case.

VA To issue an appropriate writ/order/direction in the nature of certiorari for quashing the order dated 03.04.2023 passed by the DGP, Bihar, Patna as contained in Memo No 218 dated 05.04.2023 by which the Memorial filed by the petitioner has been rejected.”

3 Vide order dated 31.01.2016 passed in the present case, IA No 1 of 2023 filed by the petitioner for addition of additional prayer was allowed and the learned counsel for the petitioner was permitted to add the same in relief portion of the writ petition as Para No 1 (VA) during course of the day and, accordingly Para No 1 (VA) was added.

4 The learned Senior Counsel for the petitioner submits that the petitioner, after being appointed, gave his joining in Bihar Police as a constable on 01.07.2008. A First Information Report (for brevity, FIR) bearing Revelganj PS Case No 245 of 2021 under Sections 30 (a) and 37 (b) (c) of the Bihar Prohibition and Excise Act, 2016 was lodged against the petitioner and some other persons for consumption of liquor and it was further alleged in the FIR that some bottles of beer was recovered from a vehicle. The petitioner was put behind bar and departmental proceeding was initiated against him. The petitioner was enlarged on bail vide order dated 09.07.2021 passed by the Additional Sessions Judge II -cum- Special Judge, Excise, Saran and after his release from jail, vide letter dated 15.07.2021, a request was made by the petitioner to the Superintendent of Police (for brevity, SP), Special Task Force (for brevity, STF), Bihar, Patna for granting him sometime for filing his reply to the memo of charges. The SP, STF, Bihar, Patna went ahead and appointed the Enquiry Officer as well as the Presenting Officer by his letter dated 19.07.2021 and the Memo of Charge dated 19.07.2021 was issued wherein it has been mentioned that the action of the