(1.) The petitioner has preferred this writ petition under Article 226 of the Constitution of India to assail the order dated 04.07.2011 passed by the Central Administrative Tribunal (CAT/ Tribunal) in O.A. No.2012/2010, whereby the Tribunal has dismissed the aforesaid application of the petitioner. The petitioner had preferred the said original application to assail the inquiry report dated 01.10.2009, the disciplinary authority's order dated 15.12.2004 imposing penalty of dismissal from service on the petitioner, and the order of the appellate authority dated 19.04.2010, rejecting the petitioner's representation.
(2.) The petitioner, while serving as a Head Constable with the respondent, was issued a charge sheet. The gravamen of the charge was that while the petitioner was deployed on duty as I/C Jail Van and he had taken undertrial prisoners to Tis Hazari lock-up, in the afternoon, the petitioner was found missing and could not be traced after searching all around Tis Hazari Courts Complex. The petitioner was carrying with him arms/ ammunitions and wireless set issued from the Kot wireless store. Since the petitioner could not be traced even after a frantic search, he was marked absent vide DD No.23-B dated 01.05.2009. Later on, the petitioner was found moving in Vikaspuri Police Complex under the influence of alcohol. He was got medically examined by Deen Dayal Upadhyay Hospital by S.I. Kadam Singh and the examining doctor opined that he was having smell of alcohol vide MLC No.8304/2009 dated 01.05.2009.
(3.) On account of the aforesaid, the petitioner was charged with serious misconduct on account of his absenting himself from duty with government arms/ ammunitions and wireless set, and on account of his consuming liquor during duty hours. A detailed inquiry was conducted by the inquiry officer, who examined 8 PWs. He returned findings against the petitioner in his report dated 01.10.2009. The inquiry officer found that upon medical examination at Deen Dayal Upadhyay Hospital, the doctor had opined that the petitioner was having "Smell of Alcohol (+) BAC 42.7mg/100 ml, conscious oriented". Only at around 7 p.m. the petitioner deposited back the items issued to him from the Kot. The entire sequence of events was established in the inquiry. In his defence, the petitioner produced only one defence witness, who stated that he had prescribed some medicine to the petitioner as he was having cough and cold. However, no record in this respect was produced in the inquiry. The petitioner did not even submit a written defence statement though he was given several opportunities for the same. The disciplinary authority, who accepted the inquiry report, in its penalty order dated 15.12.2009, inter alia, observed as follows: