1. The petitioner in the present writ application has put to challenge an order issued vide Memo No. 1065 dated 15.06.2020 whereby the Director
General-cum-Inspector General of Police, Bihar (respondent no. 3) purportedly exercising his revisional powers under Rule 853 A (a) of the Bihar
Police Manual had imposed punishment of dismissal from service on the petitioner, who was at the relevant point of time was posted as a Sub
Inspector of Police in Gopalganj Town Police Station.
2. An order passed on the same date, dated 15.06.2020, in respect of one Ananjay Singh @ Ananjay Kumar Singh has been set aside by an order
passed today in C.W.J.C. No. 7906 of 2020. This matter also relates to the occurrence, which had taken place on 16.08.2016 in Khajuria village under
Gopalganj (Town Police station) in which 16 persons had died because of consumption of spurious liquor. Identical allegations were made against this
petitioner in the charge memo dated 07.02.2017 with the same set of evidence, as was the case in the matter of Ananjay Kumar Singh (supra). In
case of this petitioner also, the Enquiring Authority recorded in the enquiry report, the finding that the allegation against the petitioner stood proved.
According to the Enquiring Authority, the defence of the petitioner that while posted as a Sub Inspector in the police station, was unaware of the
ongoing trade of illicit liquor in a nearby village was not satisfactory. In the petitioner’s case also, the Superintendent of Police had imposed
punishment of two black marks having the effect of stoppage of one increment with cumulative effect. In identical situation, the Deputy Inspector
General of Police, Saran had referred the matter to the Police Headquarters with his recommendation that the punishment imposed on him was not
befitting the gravity of charge levelled against him. It can be easily discerned that the Director General-cum-Inspector General of Police has passed
stereotype order in the present case also without discussing the petitioner’s reply to the show cause notice, which was issued to him before
passing of the impugned order.
3. In identical circumstance by an order dated 06.01.2021 passed in C.W.J.C. No. 7906 of 2020 (Ananjay Kumar Singh) this Court has quashed an
order passed by the Director General-cum-Inspector General of Police. Accordingly, the order under challenge in the present writ application issued
vide Memo No. 1065 dated 15.06.2020 is also quashed. The petitioner is directed to be reinstated forthwith. All consequences of quashing of the
impugned order shall follow and accordingly the petitioner is directed to be reinstated forthwith. It is held that he shall be entitled to the full salary and
other emoluments for the period during which he remained out of service because of the illegal order passed by the Director General-cum-Inspector
General of Police.
4. For the same reasons discussed in the order dated 06.01.2021 passed in Ananjay Kumar Singh (supra), this application is allowed. Reasons
assigned in the said order for interfering with the impugned order shall form part of the present order.
5. All orders consequential to the impugned order dated 15.06.2020 stand quashed.
6. This application is allowed.
7. There shall be no orders as to costs.
