1 month ago
Patna High Court Cancels Constable's Dismissal Over Todd
A police constable in Bihar was dismissed for reporting to duty under the influence of alcohol.
He claimed he had only consumed toddy, a type of traditional liquor, on medical advice.
The Patna High Court reviewed the case and found that the disciplinary authority did not properly consider the constable's explanation.
The court noted that the breath analyzer test results were not produced, and the medical officer's report indicated a smell of toddy, not alcohol.
The court concluded that the dismissal was not supported by evidence and set it aside.
A Bihar Police constable was dismissed for alleged alcohol consumption while on duty.
The constable claimed he consumed toddy on medical advice, not alcohol.
The Patna High Court found the dismissal unsupported by evidence and set it aside.
The breath analyzer test results were not produced or proved during the inquiry.
The medical officer's report indicated a smell of toddy, not alcohol, from the constable's mouth.
- Who
- A Bihar Police constable and the Patna High Court
- What
- The dismissal of the constable for alleged alcohol consumption was set aside by the Patna High Court
- Where
- Patna High Court, Bihar, India
- When
- The incident occurred in November 2019, and the dismissal was in May 2020. The High Court order was in July 2023.
- Why
- The court found that the disciplinary authority's findings were unsupported and the constable's claim of consuming toddy on medical advice was not properly considered.
Constable's Defense
Disciplinary Authority's Stance
Nature of Consumption
Constable's Defense
The constable claimed he consumed toddy on medical advice for treatment, not alcohol.
Disciplinary Authority's Stance
The disciplinary authority argued that toddy falls under the definition of prohibited liquor.
Evidence of Alcohol Consumption
Constable's Defense
The constable argued that the breath analyzer report was not produced or proved during the inquiry.
Disciplinary Authority's Stance
The disciplinary authority relied on the breath analyzer test results to prove alcohol consumption.
Medical Opinion
Constable's Defense
The medical officer recorded a smell of toddy, not alcohol, from the constable's mouth.
Disciplinary Authority's Stance
The disciplinary authority ignored the medical opinion and proceeded with the assumption of alcohol consumption.
Key facts
- Constable's Service Year
- 1986
- Incident Date
- November 2019
- Dismissal Date
- May 29, 2020
- High Court Order Date
- July 17
- Breath Analyzer Test
- Not produced or proved during the inquiry
- Medical Officer's Report
- Recorded a smell of toddy from the constable's mouth
- Bihar Prohibition and Excise Act
- Toddy is considered prohibited liquor
Quotes
Patna High Court
Judicial decision by Justice Harish Kumar
“the disciplinary authority completely overlooked the crucial fact that the charge framed against the petitioner was confined to the allegation of consumption of alcohol and creating nuisance under its influence. No charge whatsoever relating to the consumption of toddy had ever been framed”
indianexpress.com
Sources
Related news
Jefferies sees 40% upside in Kalyan Jewellers shares
Defense Capex Surge Boosts Bharat Electronics, Data Patterns Stocks
Scientists discover brain 'brake' for chronic pain
Netlist Stock Surges 650% as AI Demand Boosts Memory Business
How a Pen Accident Helped Create Modern Computer Chips
Duane Davis Found Guilty in Tupac Shakur Murder Case
Four killed, two injured in Bihar lightning strike
Bihar Revenue Employee Arrested for Taking Bribe
Bihar Mob Lynching Victim Dies After Brutal Attack
Mob Lynching in Bihar Sparks Outrage
