IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4433 of 2023 ======================================================

Gopal Kumar Mahto S/o Tulsi Lal Mahto, Resident of Village - Pathar Tola, P.S. - Kursaila, Dist. - Katihar.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary Govt. of Bihar, Patna.

2. D.G. of Police Bihar, Patna.

3. D.I.G. Rail Bihar, Patna.

4. S.P. Rail Katihar.

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

Appearance :

For the Petitioner/s : Mr. Ebrahim Kabir, Advocate Ms. Shruti Sinha, Advocate For the Respondent/s : Mr. Sheo Shankar Prasad (SC-8)

Mr. Sanjay Kumar AC to SC-8 ======================================================

CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR

ORAL JUDGMENT

Date : 12-02-2026 Heard the parties.

2. The present writ petition has been filed for the following relief(s):-

“That this is an application for issuance of an appropriate writ order or direction for quashing S.P. Rail Katihar memo no. 1516/Ra.Ka. Dated 26-11-2020 whereby he has been dismissed the petitioner in Rail district Katihar constable no.-113 from service i.e. annexure- 9 and for quashing memo no.-221/Go. Dated 16-03-2021 passed by DIG Rail Bihar Patna whereby appeal of the petitioner has been rejected i.e. annexure-11 and for quashing letter no.-

P-3/13-07-18/2022/426 dated 18-07-2022 whereby memorial of the petitioner has been rejected by the D.G. of Police Patna i.e. Annexure-13 and for grant of all consequential benefits or for any other order or orders which this Hon’ble may deem fit and proper under the circumstances of this case.”

3. The brief facts of the case is that the petitioner was appointed as a Constable in 2012 and was posted in Rail District Katihar as a Constable and Deputed in Rail P.S. Kishanganj. A complaint was made against him on the basis of the self-statement of Inspector Rajan Kumar Singh, SHO Town P.S. Katihar to the effect that the petitioner has been caught with Heroin and on the basis of the said statement Katihar Town P.S. Case No. 146/2020 dated 21.02.2020 under Sections 8(c)/21(c) of the NDPS Act was instituted against the petitioner and he was arrested and set to jail on 22.02.2020.

4. During course of investigation 5.326 Kg of Ganja was recovered from the residence of the petitioner and on the basis of the said seizure Kishanganj Rail P.S. Case No. 09 of 2020 dated 22.02.2022 was instituted against the petitioner under Section 20/22 of the NDPS Act. On the basis of the above mentioned First Information Report lodged against the petitioner vide Memo No. 515 dated 20.04.2020 issued under the signature of the Superintendent of Police Rail, Katihar charge Memo was served upon the petitioner, while he was in jail and departmental proceeding was initiated and appointed. Enquiry Officer as well as Presenting Officer were list of witnesses was also annexed with the charge memo. 5. It has been submitted by the learned counsel for the petitioner that before issuance of the charge Memo no show cause notice was issued to the petitioner that why departmental proceeding be not initiated against him. However, on the basis of the above mentioned charge memo, petitioner filed his show cause reply before the Superintendent of Police, Rail, Katihar whereby he denied all the charges levelled against him.

6. It has been submitted by the learned counsel for the petitioner that thereafter a departmental enquiry was conducted against the petitioner while he was in jail, however, he cross-examined the witnesses produced on behalf of the Presenting Officer, from Jail itself. It is case of the petitioner that entire departmental proceeding was conducted in violation of the principles of natural justice and the provisions contained in Rules 17 (3) and 17(4) of the Bihar Government Servants (CCS) Rules, 2005.

7. The petitioner submitted an application before the Enquiry Officer on 31.07.2020 from jail itself wherein he requested the enquiry officer to