CHAND RAM Vs. UOI

JUDGEMENT

(1.) AS recorded in the order dated 19th May 2011 when after hearing arguments we had reserved the matter for judgment only 2 submissions were urged. The first was that there was no evidence to establish that the petitioner abused the instructor and the JCC staff. Second was that the penalty levied was disproportionate to the gravity of the offence.

(2.) THOUGH the arguments advanced were brief, we were constrained to reserve the matter for writing our opinion inasmuch as the Record of Evidence was in Hindi and being handwritten, we thought it better to peruse the same in chamber, although learned counsel for the parties had highlighted relevant portions thereof during hearing. Since petitioner had lost his job we thought it prudent to re-assure ourselves that justice was done to the petitioner.

(3.) THE statement of imputation highlighted that petitioner was undergoing the course which commenced on 19.7.1991. He was issued out-pass by the SO in-charge of the course. He went out and unauthorizedly consumed alcohol and returned to the camp at about 17:30 hours and abused the instructor and JCC staff in full view. Taken to the CRPF hospital at 16:00 hours on being medically examined petitioner was found under the influence of alcohol.