The Patna High Court has quashed the May 2020 dismissal of a Bihar Police constable accused of reporting to duty intoxicated, ruling that the departmental action was based on unproven allegations and perverse findings unsupported by legal evidence.
Justice Harish Kumar set aside the disciplinary order in a July 17 judgment, ruling that the state authority failed to establish the charges brought against the petitioner. The court highlighted that the alleged breath analyzer test report was never presented or proved during the departmental inquiry, and witness testimony failed to substantiate alcohol consumption.
Flawed Inquiry and Unframed Charges
The ruling emphasized a critical procedural defect in the disciplinary proceedings: while the constable was formally charged solely with consuming alcohol and causing a public nuisance under its influence, the disciplinary authority ultimately justified his termination by citing toddy consumption. Justice Kumar noted that no formal charge concerning toddy intake had ever been framed against the petitioner, rendering the dismissal legally unsustainable.
Furthermore, the court observed that the disciplinary authority erred by simply asserting that toddy consumption remains prohibited under state law without producing legally admissible evidence to support the original charge sheet.
Origins of the Disciplinary Action
The case stems from a November 2019 incident at the entrance of the Pakribarawan Police Station in Nawada district. According to the original FIR, a patrolling police officer observed two men in a verbal altercation at the station gate. The individuals attempted to flee upon seeing police personnel but were apprehended and identified as Ratnakar Pandit and the petitioner, who served as a writer-constable after joining the police force in 1986.
Although authorities alleged that a breath analyzer test indicated alcohol consumption, a subsequent medical examination at a local health center recorded only a smell of toddy coming from the constable’s mouth. Following the incident, the constable was suspended and subjected to formal departmental proceedings.
Defense Arguments and State Response
During the departmental inquiry and subsequent writ petition, advocate Sanjay Kumar Gir, representing the constable, argued that the petitioner had consumed toddy on the advice of a medical practitioner to treat an illness. Gir submitted that under the Bihar Nira (Unfermented Juice of Palm) Rules, 2017, toddy intake is neither prohibited nor punishable. He also emphasized the constable’s unblemished service record and prior commendations for meritorious conduct, noting that the inquiry officer failed to examine either the medical practitioner or the technician who allegedly performed the breath analyzer test.
Standing Counsel Basrul Khan, representing the state, argued that the breath analyzer test confirmed intoxication while on duty. Khan stated that toddy is classified as traditional country liquor under the Bihar Prohibition and Excise Act, rendering its consumption illegal regardless of claimed medical reasons.
The constable was initially dismissed from service on May 29, 2020. His departmental appeal was formally rejected in July 2023 while the court proceedings were pending, leading to the High Court’s final intervention.
