IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1044 of 2025 In Civil Writ Jurisdiction Case No.15101 of 2021 ======================================================

1. The State of Bihar through Home Principal Secretary Police Department.

2. The Accountant General through the In-charge Officer, Finance (A.G.), Bihar, Patna.

3. The Additional Chief Secretary, Home Department (Police Branch), Bihar, Patna.

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

5. The Additional Director General of Police, Crime Investigation Department, Bihar, Patna.

6. The Additional General of Police (Head Quarter).

7. The Inspector General of Police, Head Quarter.

8. IG, Special Branch-cum-Conducting Officer, 9. DIG, Patna.

10. The Senior Superintendent of Police, Patna.

... ... Appellant/s Versus Kailash Prasad Son of Haricharan Prasad, Resident of Ward No. 02 Village -

Pipra, P.S. - Barauli, District Gopalganj.

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

Appearance :

For the Appellant/s : Mr. N.H.Khan, SC-1 Mr. Md. Irshad, AC to SC-1 For the Respondent/s : Mrs. Nivedita Nirvikar, Sr. Advocate Mr. Shashank Shekhar, Advocate Mr. Arya Achint, Advocate Mrs. Shashi Priya, Advocate ======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 19-02-2026 Heard the parties.

2. This Letters Patent Appeal has been filed by the State of Bihar challenging the order dated 27.08.2025 of the learned Single Judge passed in C.W.J.C. No. 15101 of 2021, whereby and whereunder, while allowing the writ petition, the learned Court has quashed the impugned order dated 08.06.2020 whereunder the Disciplinary Authority awarded a major penalty of withholding three increments with cumulative effect and order dated 31.12.2020 whereunder the writ petitioner’s appeal (Memorial) to the Hon’ble Chief Minister was rejected and it was held that the writ petitioner is entitled to get entire consequential benefits, including his promotion and also arrears of his salary.

The writ petition was filed by the respondent Kailash Prasad seeking for following reliefs :- “(i) For issuance of writ in the nature of certiorari for quashing of Memo No. 3859 dated 8.6.2020 issued under the signature of the Special Secretary, Home Department (Police Branch), Bihar, Patna whereby and where under the petitioner has been awarded major punishment in form of withholding of three increments of pay with cumulative effect without following the procedure for awarding of major punishment as stipulated under Rule-17 of Bihar CCA Rules, 2005.

(ii) For further quashing of the order of confirmation passed against the memorial presented by the petitioner against the award of major punishment vide Memo No. 8940 dated 31.12.2020 issued under the signature of the Special Secretary, Home Department (Police Branch), Bihar, Patna.

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

3. It is the case of the writ petitioner that during a liquor prohibition drive to strictly implement the newly enacted Bihar Prohibition and Excise Act, 2016 (hereinafter referred to Act, 2016), a raid was conducted in Hotel Panache, situated alongside Gandhi Maidan. In course of such raid, it was found that some customers residing in the Panache Hotel were indulged in the consumption of liquor in violation of Act, 2016 and in connection with the raid, Gandhi Maidan P.S. Case No. 147 of 2016 dated 26.04.2016 was registered and the apprehended accused persons were forwarded to the jurisdictional Magistrate.

4. After lodging of the criminal case, the petitioner who was posted as Deputy Superintendent of Police being the Superior Officer, was to carry out his duties. It is the case of the petitioner that he performed his duty in accordance with law. However, ADG (CID) issued a detailed review letter alleging procedural lapses in the raid and investiga