Court Finds Dismissal for Intoxication Arbitary; Orders Reconsideration of Case
In a significant judgment, the Patna High Court has quashed the dismissal of a police constable, Tilak Dhari Singh, who was accused of being intoxicated while on duty. The court found the disciplinary action taken against Singh to be arbitrary and lacking in conclusive evidence. The decision, delivered by Justice Dr. Anshuman, highlights the importance of due process and the necessity of conclusive evidence in departmental proceedings.
The case arose from an incident on July 28, 2018, where Singh was accused of assaulting a fellow police officer while allegedly intoxicated. The disciplinary proceedings relied heavily on the alleged smell of alcohol, without any breath analyzer, blood, or urine tests to substantiate the claims. The court noted the absence of any medical or scientific evidence to prove intoxication, referencing the Supreme Court's precedent in Bachubhai Hassanalli Karyani v. State of Maharashtra that mere smell of alcohol or unsteady gait is not sufficient proof of intoxication.
The court also pointed out the violation of principles of natural justice, as the alleged injured party, Upendra Kumar Singh, did not testify, nor was any injury report presented during the inquiry. The dismissal, based solely on the alleged smell of alcohol, was deemed disproportionate and unsupported by evidence.
Justice Anshuman ordered the case to be reconsidered by the competent authority, directing the Superintendent of Police, East Champaran, Motihari, to review the matter and pass a fresh order within 90 days. The judgment underscores the necessity for disciplinary authorities to adhere to legal standards of evidence and fairness in proceedings.
Bottom Line :
Departmental proceedings and punishment - Allegation of intoxication against a police constable based solely on a smell of alcohol and without medical tests such as breath analyzer, blood, or urine tests - Held, such evidence is insufficient to conclude intoxication; dismissal order quashed as it was arbitrary and disproportionate.
Statutory provision(s): Indian Penal Code Sections 341, 323, 307, Bihar Prohibition and Excise Act, 2016 Section 37(b).
Tilak Dhari Singh v. State of Bihar, (Patna) : Law Finder Doc id # 2966517
