MUNNA LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) Heard both sides.

(3.) The appellant was a Sub-Inspector of Police working in the Indira Gandhi International Airport, New Delhi. Disciplinary proceedings were initiated against him in the year 2005 alleging that the appellant was found in a drunken condition while on shift duty from 0700 hrs. to 1300 hrs. at the Indian Airlines Cargo gate. The immediate superior officer of the appellant, on reaching the office, felt smell of alcohol and suspected that the appellant must have been in a drunken condition. The Assistant Commandant ordered to take the appellant to the airport dispensary for medical check- up. The doctor on duty examined him and stated that the appellant was conscious though incoherent in speech, his pupil were equal and normal, his pulse and B.P. was normal and there was an element of doubt about alcohol and suspicion of mild smell of alcohol and for confirmation he was referred to Safdarjang Hospital for further medical check up. The appellant contended that on that day, he was ill and was taking medicines and this must have caused the smell of alcohol. An inquiry was conducted and the Inquiry Officer relied on the incomplete report of the doctor who examined the appellant and held that the appellant's case was a confirmed case of intoxication and reliance was also placed on the three witnesses, who were examined in the inquiry.