SUKHVIR SINGH Vs. UOI

JUDGEMENT

(1.) THE writ petitioner was a Constable (Driver) with the Central Reserved Police Force and was attached with 65th battalion of the CRPF as of April 2005. A company of 122nd battalion had to be shifted from Channi in Jammu district to Srinagar. On April 28, 2005 the petitioner was detailed as a driver to drive a heavy duty vehicle No.DNG 0018 to transport the personnel of the company of the 122nd battalion. He was found drunk. The company of the 122nd battalion could not proceed further and had to stay at Jammu Tavi for two days and for which the CRPF authorities had to incur expenditure for the transit accommodation required to be provided to the personnel of the company.

(2.) A charge memo was served upon the petitioner alleging vide charge No.1 that while on active duty he consumed alcohol which was a serious offence and vide charge No.2 that due to he being unable to drive the vehicle, the personnel of the company had to unnecessarily remained at Jammu for two days.

(3.) INQUIRY Officer was appointed who submitted a report, and following the procedure prescribed by law i.e. supplying the report of the Inquiry Officer for petitioner's response and considering the same, a penalty of dismissal from service was inflicted upon the petitioner by the disciplinary authority on October 11, 2005. The petitioner preferred an appeal which was rejected by the appellate authority on March 28, 2006. Revision preferred there against was rejected by the revisional authority on September 25, 2006.