UDHHA LAL MEENA Vs. UNION OF INDIA

JUDGEMENT

(1.) . This writ petition is directed against a judgment and order dated 29/05/2000 passed by the Central Administrative Tribunal, Principal Bench in OA 1372/99 whereby and whereunder the Original Application filed by the petitioner was dismissed. The short facts leading to the passing of the said order are as follows: The petitioner was charge-sheeted on an allegation that on 1/03/1998 at about 4.00 PM, he under the influence of liquor, started beating and abusing Constable Satbir Singh who was returning from duty, without any cause or provocation, as a result whereof, latter sustained grievous injuries. Thereafter, the petitioner reached the Reporting Room and started shouting unnecessarily while he was under the influence of liquor. He was medically examined in the hospital where the doctor opined vide MLC 001764 (smell of alcohol). The afore-mentioned Constable Satbir Singh had also been medically examined in that hospital when the doctor opined his injury as simple and blunt. In relation to the afore-mentioned charges, disciplinary proceedings were initiated wherein the enquiry officer in his report dated 18/08/1998 found the charges to have been proved.

(2.) . The petitioner was furnished with a copy of the said enquiry report in relation whereto again he filed his written reply on 16/09/1998 wherein inter alia he stated that he would not want to say anything in defence except what he had already stated in his defence statement during disciplinary enquiry. The disciplinary authority, on the basis of the material on record and in agreement with the findings of the enquiry officer held that the misconduct committed by the petitioners was serious and, thus, he was not fit to be retained in government service particularly in a disciplined force like Delhi Police. Pursuant whereto and in furtherance whereof, by reason of order dated 14/11/1998, he imposed a punishment of dismissal of service upon the petitioner. An appeal filed thereagainst by the petitioner was dismissed by the appellate authority on 20/04/1999.

(3.) . The petitioner moved the Central Administrative Tribunal by filing the said application in terms of Section 19 of the Administrative Tribunal Act. Before the learned Tribunal, the petitioner had urged various grounds as noticed by the learned Tribunal, which are;