SHIVKALI TRIVEDI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) During pendency of the petition, the original petitioner Kamleshwar Prasad Trivedi (Dwivedi as per the original cause title) (henceforth 'the petitioner') has died and his legal heirs are prosecuting this petition.

(3.) The important issue fallen for consideration in the present writ petition is whether the delinquent employee can be subjected to major penalty of removal from service on the charge of attending duties in a drunken condition, when, admittedly, he was not sent for medical examination to prove consumption of alcohol.