EX CONSTABLE SHASHI DUTT SHARMA Vs. UOI

JUDGEMENT

(1.) Learned counsel for the petitioner concedes at the outset that none of the grounds pleaded in the writ petition are worthy of any consideration, but prays that on the subject of the penalty being disproportionate to the gravity of the offence, the order dismissing petitioner from service be set aside and an appropriate penalty be levied.

(2.) At the Summary Security Force Court trial the petitioner was tried for: Firstly, being intoxicated; Secondly for having violently pushed Subedar Prabhat Singh (criminal intimidation); and lastly for having used unparliamentary language against all jawans and superior officers while manhandling Ct.Satish Chand Pandey.

(3.) Learned counsel for the parties concede that what happened on February 06, 1995 at 21:40 hours has been best described by PW-10 Asstt.Comdt.Anil Kumar, who, at the trial deposed as follows:-