VINOD CHANDRA TIWARY Vs. STATE OF UTTRARAKHAND

JUDGEMENT

(1.) This case is outcome of the pronouncement of a judgment of Public Service Tribunal, Uttarakhand (for short the Tribunal) delivered on 18.09.2007 in claim petition No. 27/N.B./2006 moved by the petitioner whereby the learned Tribunal upheld the adverse entry given to the petitioner in departmental proceedings. The petitioner has further sought a writ in the nature of mandamus commanding the respondents to give him all service and monetary benefits. Facts first:

(2.) Petitioner is Constable (Civil Police) in Police Department and on 20.05.2005, while he was posted at Police Station Rudrapur, he was on picket duty at Bindukhera turning, alongwith Mr. Bachcha Rai, a Home Guard. On that day, at about 9:00 p.m., a girl was seen by him proceeding to Rudrapur-Gaderpur Road. It is alleged that, suddenly a Maruti Car No. UP-04-B 3515 stopped by her side and the person sitting in the car forcefully dragged the girl into that car. The said car, thereafter, proceeded back to Rudrapur. The petitioner and his companion allegedly tried to stop the said car but the person, driving the car, threatened them and said that he was man of a Minister and took away the car towards Rudrapur. The petitioner reported the incident to Police Station, Rudrapur by a R.T. set, upon which the A.S.P. came at the site of incident. The Police Officer suspected that the petitioner had consumed liquor, therefore, the petitioner was sent to hospital and his medical examination was conducted.

(3.) Thereafter, vide order dated 23.02.2005, passed by S.S.P. Udham Singh Nagar, the petitioner was placed under suspension on the ground that while he was on duty at Gaderpur barrier, he was found under the influence of liquor. Preliminary enquiry was entrusted to the Circle Officer (City), Udham Singh Nagar, who submitted his report on 10.03.2005. After receipt of the report from Enquiry Officer, a show cause notice was issued to the petitioner on 02.04.2005 to which the petitioner responded denying the charges mentioned in the show cause notice stating therein that he had not taken alcohol but since he was having pain in his stomach, therefore, he had taken 'Podeen Hara'. When the charges said to have been proved, the Departmental Proceeding was initiated against the petitioner under Rule 14(2) of the U.P. Police Officers of Subordinate Rank (Punishment and Appeal), Rules, 1991 and the S.S.P., Udham Singh Nagar vide order dated 18.05.2005 passed punishment order awarding adverse entry to the petitioner in his character roll. The petitioner preferred a departmental appeal on 12.07.2005, before the Inspector General (I.G.) of Police, but the Appellate Authority also upheld the order of Disciplinary Authority vide order dated 22.11.2005. The revision filed against the order dated 22.11.2005, passed by Appellate Authority, before the Addl. Director General of Police (Personnel), Dehradun, was also dismissed on 01.07.2006. Aggrieved by the orders dated 18.05.2005, 22.11.2005 and 01.07.2006, the petitioner filed claim petition before the Tribunal, who vide its order dated 18.09.2007 upheld the adverse entry against the petitioner. However, the Tribunal set-aside the portion of adverse entry regarding transmission of wrong information by R.T. set.