HC/DVR ATTAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) FOR the reasons stated in the applications, the delay in filing the application for restoration is condoned and the writ petition is restored to its original number.

(2.) THE applications are disposed of. W.P.(C)No.3238/1996

(3.) DURING the de novo enquiry, 21 witnesses were examined by the prosecution. The petitioner did not produce any witness to prove his case despite sufficient opportunity granted to him. It was proved in the enquiry that the petitioner was absent from Mallaram Camp Lines on 25th December, 1990. He was later found lying in a complete unconscious state on the roadside of Bandaragudem area by PW-16, Constable Om Prakash who took him in an auto rickshaw to Coy Lines. He was taken to the hospital by PW-3, Inspector S.N. Singh where the Medical Officer found alcoholic smell from his mouth. Ex.P- 5 is the medical certificate issued by the Medical Officer, Dr. M. Lakshmaiah. In the de novo enquiry, charges No.1 to 3 and 6 were proved whereas charge No.4 was partially proved against the petitioner and he was awarded punishment of removal from service vide order dated 22nd September, 1992.