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Patna High Court

Girjanandan SharmaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The order imposing pension deduction and salary denial is quashed as illegal, disproportionate, and procedurally defective.

Summary

Girjanandan Sharma, a retired Assistant Sub‑Inspector of Police, was arrested in 2018 for alleged consumption of prohibited liquor and subsequently dismissed six days before his superannuation. A departmental inquiry found him guilty of gross misconduct and, under the Bihar Pension Rules, ordered a 20% pension deduction for five years and denial of salary beyond suspension allowance. The petitioner challenged the penalty as disproportionate, argued that the charge‑sheet was improperly issued by an officer not authorized under Rule 17(3) of the Bihar Government Servants Rules, and contended that a breath‑analyzer report alone cannot prove drunkenness, citing a Supreme Court precedent and a 2022 police circular. The High Court held that the department incurred no financial loss, the penalty was excessive, the procedural requirements were not met, and the breath‑analyzer reliance violated the circular. Consequently, the court quashed the punitive order, restored full salary and benefits, and directed repayment of any deducted pension amounts.

Issues considered

  • The proportionality of a 20% pension deduction for five years and denial of salary for alleged consumption of prohibited liquor.
  • Whether the departmental inquiry complied with Rule 17(3) of the Bihar Government Servants (Classification Control and Appeal) Rules, 2005 regarding issuance of a charge‑sheet.
  • The admissibility of a breath‑analyzer report as sole evidence of drunkenness in disciplinary proceedings.
  • The jurisdiction of the court to review the departmental order under the CCA Rules and Bihar Pension Rules.

Legislation cited

Subjects

  • departmental misconduct
  • pension deduction
  • proportionality
  • procedural fairness
  • breath analyzer
  • excise law
  • police service
  • judicial review

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.3195 of 2025
                 ======================================================
                 Girjanandan Sharma Son of Late Jagdish Sharma, Resident of Village-
                 Kamtachak, P.O- Mittanchak, P.S.- Gopalpur, District- Patna.
                                                                            ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar through the Principal Secretary, Home Department
                  Government of Bihar, Patna.
           2.    The Principal Secretary, Home Department, Government of Bihar, Patna.
           3.    Additional Director General of Police, Bihar Special Armed Police, Bihar,
                 Patna.
           4.    The Deputy Inspector General of Police, Bihar Special Armed Police (North
                 Division), Muzaffarpur.
           5.     Inquiry Officer-cum-Deputy Superintendent of Police- cum- Commandant,
                  C Company, Bihar Special Armed Police, XII, Bhim Nagar, Supaul (Bihar).
                                                                        ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Raju Giri, Sr. Advocate
                                                Mr. Harsh Vardhan, Advocate
                                                Mr. Harsh Raj, Advocate
                                                Mr. Chetan Anand, Advocate
                 For the Respondent/s   :       Mr. Government Pleader (6)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                                       ORAL ORDER

3   29-01-2026                    The petitioner is a retired Assistant Sub-Inspector of

                   Police. His service came to an end on superannuation w.e.f. 31 st

                   January, 2019. While he was in service, he was arrested by a

                   raid party with the allegation of consumption of prohibited

                   alcohol within the jurisdiction of the police station where he was

                   posted. After such arrest on 23rd July, 2018, Excise Case No. C

                   I-477/2018 under Section 37(B) of the Excise and Prohibition

                   Act, 2016 was registered against the petitioner. The petitioner

                   was arrested and taken to custody.

                                 2. The above-mentioned act being treated as
Patna High Court CWJC No.3195 of 2025(3) dt.29-01-2026
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          professional misconduct. A departmental proceeding was

          initiated against the petitioner. The Commandant of Bihar

          Armed Police, Saharsa submitted Memorandum of Charge

          against the petitioner and on conclusion of departmental

          proceeding, he was dismissed from service six days before his

          superannuation on 25th January, 2019.

                      3. The petitioner preferred a departmental appeal

          which was subsequently allowed and the Inquiry Authority was

          directed to give opportunity to the petitioner to cross-examine

          the witnesses on behalf of the prosecution. As the petitioner had

          retired from service in the meantime, the departmental

          proceeding was converted to a proceeding under Section 43(B)

          of the Bihar Pension Rules, 1950. In the said inquiry

          proceeding, the petitioner was found committing gross

          misconduct and 20 per cent of his pension was directed to be

          deducted for five years. It was further directed that he would not

          be paid balance salary except the suspension allowance during

          the period suspension. The petitioner challenged the said order

          dated 27th June, 2023 in an appeal which was dismissed by the

          appellate authority. Hence, the instant writ petition.

                      4. The learned Senior Counsel on behalf of the

          petitioner has assailed the decision of the penalty of inquiry
Patna High Court CWJC No.3195 of 2025(3) dt.29-01-2026
                                            3/5




          authority, subsequently affirmed by the appellate authority on

          the ground that the punishment of deduction of 20 per cent of

          pension amount for five years and direction of non-payment of

          salary beyond the suspension allowance are disproportionate to

          the alleged misconduct because even assuming that the

          petitioner consumed prohibited liquor, it may be an instance of

          moral turpitude but such act of the petitioner did not cause any

          pecuniary loss to the police department. Therefore, recovery of

          money from the pension of the petitioner is arbitrary and

          disproportionate to the charge leveled against him.

                      5. Secondly, it is contended by the learned Advocate

          on behalf of the petitioner that the departmental inquiry against

          the petitioner is itself bad in law because Rule 17(3) of the Bihar

          Government Servants (Classification Control and Appeal)

          Rules, 2005 lays down a mandatory provision of submission of

          charge-sheet against a delinquent employee by the disciplinary

          authority or the appointing authority. Charge-sheet having been

          filed by the commandant, who is neither a disciplinary authority

          or an appointing authority, is bad in law.

                      6. Third limb of argument of the learned Senior

          Counsel for the petitioner is that the raiding party found the

          petitioner in drunken condition on the basis of Breath Analyzer
Patna High Court CWJC No.3195 of 2025(3) dt.29-01-2026
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          Report. This Court relying on the decision of the Hon’ble

          Supreme Court in Bahubhai Hassanali Karyani Vs. The State

          of Mahrashtra reported in 1971 3 SCC 930 held in series of

          cases that Breath Analyzer Report is not a conclusive test to

          hold drunkenness of a person.

                      7. Learned counsel on behalf of the State, on the other

          hand, submits that the second inquiry was done in accordance

          with law following the provisions contained in CCA Rules read

          with Bihar Pension Rules. Therefore, the order passed by the

          departmental authority cannot be held to be a subject of judicial

          review.

                      8. Having heard the learned counsels for the parties

          and on careful perusal of entire materials available on record,

          this Court agrees with the submission made by the learned

          Senior Counsel on behalf of the petitioner that for the alleged

          act of the petitioner, the police department did not incurred any

          financial loss. It may be a fact that when a police officer was

          apprehended by the officers and staffs of Excise Department on

          the allegation of consumption of prohibited liquor, it laid to a

          bad impression of the police department in the estimation of the

          general public. However, for such alleged act, the delinquent

          employee cannot be charged with financial loss.
           Patna High Court CWJC No.3195 of 2025(3) dt.29-01-2026
                                                       5/5




                                 9. Learned Senior Counsel on behalf of the petitioner

                     has filed a rejoinder to the writ petition yesterday i.e. on 28th

                     January, 2026 annexing a circular bearing no. 294, dated 20th

                     May, 2022 issued by the Deputy Inspector General Personnel

                     Department of Police, Bihar, Patna. The said circular clearly

                     states that no police personnel can be held guilty in a

                     departmental proceeding on the basis of Breath Analyzer Report

                     alone. The said circular dated 20th May, 2022 was violated by

                     the police department itself by passing the impugned order.

                                 10. For the reasons stated above, I am not in a

                     position to agree with the findings of the respondent-authority.

                     The order of punishment passed against the petitioner on 27 th

                     June, 2023 is quashed and set aside.

                                 11. The writ petition is, therefore, allowed on contest,

                     however, without cost.

                                 12. If any amount is deducted from the pension of the

                     petitioner, the said amount shall be paid back to him. Moreover,

                     he is entitled to get full salary and other benefits during his

                     period of suspension.



                                              (Bibek Chaudhuri, J.)
Jyoti Kumari/-
U


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