GOVERNMENT OF TAMIL NADU Vs. S VELRAJ

JUDGEMENT

(1.) This appeal was heard along with Civil Appeal No. 4187 of 1994, but we are disposing of the same by a separate judgmnet.

(2.) The respondent is a Head Constable and as such a member of Tamil Nadu Police Subordinate Service. On 20-7-84, he was served with a charge memo for an act of misconduct committed on 7-7-84, and a departmental enquiry was thereafter initiated against him. The charge was held proved and by way of punishment he was reverted to the lower grade, that is, from Head Constable to Police Constable Grade I. He appealed against that order. As the appellate authority was of the view that the punishment imposed upon the respondent was very lenient it issued a show cause notice to him for enhancement of the penalty. His appeal was dismissed and by way of punishment he was compulsorily retired. The respondent then filed a writ petition in the High Court of Madras challenging not only the punishment imposed upon him but also initiation of the enquiry against him. That petition was transferred to the Tamil Nadu Administrative Tribunal and was numbered as T.A. No. 271 of 1992.

(3.) The charge against the respondent was that on 7-7-84, he was deputed to attend a case pending before the Sub-Divisional Judicial Magistrate, Usilampatti. He left the police station and returned to it at about 8 p.m. and reported before the Sub-Inspector of Police who was In-charge of the Police Station. At that time he was drunk and was in mufti. During the enquiry evidence was led to prove that the respondent was in a drunken condition, that he had admitted before the Sub-Inspector of Police that he had consumed arrack and that he was in mufti at that time though on duty. The fact that he was in mufti was not disputed but an attempt was made in cross-examination of the witnesses by way of suggestions that he was often suffering from stomach plain and was, therefore, taking medicine. He also examined a doctor in his defence who deposed that for stomach pain he had prescribed medicine known as B.G. Phos and that is sufficient quantity of that medicine is consumed there would be smell of alcohol and the eyes would become reddish.