Patna HC sets aside action against cop who was suspended after liquor recovery

The Patna high court said that a presumption of guilt has no sanction of law and it is contrary to the principles of fair play

The Patna high court has set aside the entire disciplinary proceeding against a police inspector, Ajay Kumar, who was put under suspension on the charge of negligence after liquor was recovered from a house under the jurisdiction of his area, on the premise that it was done on “assumption”.

The Patna high court told the Bihar DGP that his order assumes and pre-judges the guilt even before framing of charge and conduct of an independent enquiry. (Representative Image)

Setting aside the impugned orders, the bench of justice Rajeev Ranjan Prasad directed that the petitioner shall be entitled for all the consequential reliefs. The order was passed on May 10 and uploaded two days later.

The court has also directed the Director General of Police (DGP) to issue necessary consequential order within a period of 30 days from the date of receipt/production of a copy of this order.

Referring to the DGP’s letter, dated November 24, 2020, to all the Senior Superintendent of Police and Superintendent of Police (Rail), Bihar, the court said, “On a bare perusal of this letter it would appear that in the third paragraph it is stated that in case of recovery of illicit liquor, the Station House Officer and Chowkidar concerned will be deemed guilty for not collecting the information and taking necessary action and they will be proceeded against for their failure”.

“The letter of suspension of the inspector assumes and pre-judges the guilt against the SHO and chowkidar even before framing of charge and conduct of an independent enquiry. This has no sanction of law. Because of this stipulation in this case the whole proceeding right from framing of charge has been influenced and a serious prejudice has been caused to the petitioner,” the court observed.

Maintaining that a presumption of guilt has no sanction of law and the same is violative of Article 21 of the Constitution of India. The court observed that “It is contrary to the principles of fair play”.

In the wake of continued smuggling of liquor recovery and hooch tragedies, which led to attacks on police both from within the government as well as the Opposition for allegedly being hand in glove with the liquor mafia, the government had made the SHOs and chowkidars responsible for the areas falling under their jurisdiction.

The court directed the DGP to revisit the paragraph of the 2020 letter “which assumes and pre-judges the guilt against the SHO and chowkidar even before framing of charge and conduct of an independent enquiry”.

The court was hearing a petition filed by the petitioner who was posted as police inspector -cum- SHO in Kankarbagh Police Station between April 17, 2020 and November 30, 2020. On November 25, 2020, a raid was conducted within the jurisdiction of his police station and 25 liters of country liquor (Mahua) was recovered. The officer was immediately placed under suspension and a direction was issued to initiate a departmental proceeding against him. Later, stoppage of one increment with non-cumulative effect was imposed upon him by the enquiry officer. The petitioner’s appeal before the ADG was also rejected and his punishment was enhanced, reverting him to the post of sub-inspector. He challenged the order before the HC.