IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1353 of 2025 ======================================================

Avadhesh Prasad Singh @ Avadhesh Singh S/o Tarani Prasad Singh, R/o House No.- 32, Sherullahpur ( Nand Gaon ), L.B.S. Nagar, P.S.- Shastri Nagar, Patna, L.B.S. Nagar, Dist.- Patna, Bihar- 800023, worked as Constable- 724, East Champaran at Motihari.

... ... Petitioner/s Versus

1. The State of Bihar through the Home Secretary, Bihar, Patna.

2. The Director General of Police, Bihar, Patna.

3. The Deputy Inspector General of Police, Bettiah, Bihar.

4. The Senior Superintendent of Police, Patna.

5. The Superintendent of Police-cum-Disciplinary Authority, East Champaran at Motihari.

6. The Enquiry Officer -cum-S.H.O., Pakadidayal P.S., East Champaran.

7. The S.H.O., Rajiv Nagar Police Station, Patna.

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

Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar, Advocate For the Respondent/s : Mr. Prashant Pratap, GP-2 ======================================================

CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

5 07-01-2026 The petitioner has filed the instant writ petition praying for the following reliefs:-

a.) To issue an appropriate writ in the nature of certiorari for quashing the dismissal order bearing Motihari Ziladesh No -178/2024, gyapank 294 dated 31.01.2024 passed in Motihari District Departmental proceeding no 04/2024 issued under signature of Superintendent of police, East Champaran at Motihari whereby and whereunder petitioner has been dismissed from service on the last date of his retirement b.) To issue an appropriate writ in the nature of mandamus commanding the respondents to grant all financial and consequential relief from the date of his suspension till the date of attainment of the age of superannuation and also to pay all his pensionary benefit.

c.) To issue an appropriate writ in the nature of certiorari for quashing the appellate order bearing Gyapank 462 dated 19.02.2025 passed in Motihari district departmental proceeding No. 04/2024 under Signature of DIG, Champaran Region, Bettiah upholding the dismissal order passed by SP Motihari whereby and whereunder petitioner has been dismissed from service on last date of his retirement.

d.) Pass any other or further order as this Hon’ble Court may deem fit and proper in the interest of justice.

2. Factual aspect of the case is that on 9^th September, 2023, a case under Section 30(a)/37(b) of the Bihar Prohibition and Excise Act, 2016 was registered against the petitioner in Rajiv Nagar Police Station, being Case No. 600/2023, dated 9^th September, 2023 alleging, inter alia, that the petitioner was found in intoxicated condition consuming liquor and countrymade liquor measuring about 1.250ml was seized from his possession. The petitioner was arrested and in view of the institution of a criminal case the petitioner, being a constable of police, was initially suspended and a departmental inquiry was held. The departmental inquiry was culminated on 31^st January, 2024 and on the basis of the report of the departmental inquiry, the petitioner was dismissed from his service under the signature of the Superintendent of Police, East Champaran at Motihari.

3. The petitioner preferred an appeal before the Appellate Authority which was also dismissed.

4. The appellate order is under challenge in the instant writ petition.

5. The learned Advocate on behalf of the petitioner refers to an earlier Bench’s decision in the case of Dharmraj Singh Vs the State of Bihar & Ors. in C.W.J.C. No. 14846 of 2021, dated 9^th May, 2024, wherein, this Court held that Breath Analyzer Report is not a conclusive proof of consuming the liquor by a person. In Bachubhai Hassanalli Karyani vs State of Maharashtra reported in (1971) 3 SCC 930, the Hon’ble Supreme Court held that no conclusion with regard to consumption of alcohol by a person can be made on the facts that the petitioner’s breath w