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Patna High Court

Avadhesh Prasad Singh @ Avadhesh SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the dismissal order stands as the petitioner’s arrest and possession of illegal liquor, even without conclusive proof of consumption, justified the departmental action.

Summary

The petitioner, a police constable, was arrested on 9 September 2023 for alleged intoxication and possession of 1.250 ml of country‑made liquor under the Bihar Prohibition and Excise Act, 2016. He was suspended, a departmental inquiry was conducted, and on 31 January 2024 he was dismissed from service, an order that was upheld on appeal. The petitioner challenged the dismissal by writ, arguing that no blood or urine test was performed and that breath or observational evidence is not conclusive, relying on earlier case law. The State contended that the mere possession of illicit liquor justified the criminal case and disciplinary action. The Court held that, despite the lack of proof of consumption, the petitioner was arrested while in possession of illegal liquor and, as a constable, was subject to departmental dismissal, and therefore refused to interfere. The writ petition was dismissed.

Issues considered

  • Whether dismissal of a police constable on the basis of alleged consumption of liquor without medical evidence is valid.
  • Whether breath or observational evidence can constitute conclusive proof of alcohol consumption for disciplinary purposes.
  • Whether mere possession of illicit liquor justifies dismissal from service.
  • Whether the appellate order upholding the dismissal should be set aside.

Legislation cited

Subjects

  • dismissal
  • departmental inquiry
  • police constable
  • Bihar Prohibition and Excise Act
  • alcohol consumption evidence
  • breath analyzer
  • possession of illicit liquor
  • certiorari
  • mandamus

Judgment

                     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
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                                          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
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          Rajiv Nagar Police Station, being Case No. 600/2023, dated 9th

          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 31st 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

          9th 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
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          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 was smelling of alcohol, that his gait

          was unsteady, that his speech was incoherent and that his pupils

          were dilated. The consumption of alcohol can only be

          ascertained by way of blood and urine test of a person suspected

          to have consumed alcohol.

                   6. It is submitted by the learned Advocate for the

          petitioner that after arrest, the petitioner was not examined

          medically and sample of blood and urine of the petitioner were

          not tested. Therefore, applying the ratio in Bachubhai’s case,

          the order of dismissal passed against the petitioner ought to be

          rejected.

                    7. The learned Advocate on behalf of the State, on the

          other hand, submits referring to the counter affidavit that the

          petitioner was not implicated in a criminal case under the Bihar

          Prohibition and Excise Act, 2016 for consumption of liquor,

          which is prohibited in the State of Bihar. The petitioner was also

          found in possession of 1.250ml of countrymade liquor and the

          said countrymade liquor was seized from his possession.

                   8. The seizure list has been brought in record. It is found
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                     from the seizure list that countrymade liquor measuring about

                     1.250ml was recovered from the petitioner, for illegal

                     possession of countrymade liquor, he is liable to prosecuted

                     under Section 37(b) of the Bihar Prohibition and Excise Act,

                     2016.

                                 9. Even if it is, prima facie, considered that the

                     respondents or the investigating agency failed to produce

                     adequate evidence in support of consumption of countrymade

                     liquor by the petitioner, it is not disputed that he was arrested

                     while in possession of countrymade liquor.

                               10. Therefore, a criminal case was instituted against the

                     petitioner and the petitioner being a constable is also a member

                     of law enforcing agency.

                               11. Considering such aspect of the matter, I do not find

                     any reason to interfere with the order impugned, dated 31 st

                     January, 2024.

                              12. The instant writ petition is, thus, dismissed.



                                              (Bibek Chaudhuri, J.)
Jyoti Kumari/-

U


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