STATE OF MADHYA PRADESH AND OTHERS Vs. JHUMUKLAL

JUDGEMENT

(1.) This appeal is by the State against an order of the learned single Judge interfering with the disciplinary proceedings which was initially challenged in the year 2000 before the State Administrative Tribunal. The proceedings stood transferred to this High Court on the abolition of the Tribunal.

(2.) We have heard the learned Additional Advocate General for the Appellants/State and the learned counsel for the Respondent-delinquent.

(3.) The Respondent-Jhumuklal and Bhagwan Singh were two Constables in the State Police. They were entrusted with the duty to escort two accused persons, Rajkumar Mallah and N. Harish from Durg, for production before the Court at Jabalpur. It is alleged that while proceeding to the Railway Station at Durg, the accused persons were taken by the escorting Constables to a local hotel where all of them consumed alcohol. Disciplinary proceedings were carried. Since the same set of facts provided the allegations and charges against both the Constables, composite proceedings were held resulting in dismissal of both the Constables. The other Constable, namely Bhagwan Singh, left the matter there. He did not challenge it.