SUMAN KISHOR TAMTA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner, challenges the order by, which he was removed from service.

(2.) It is the case of the petitioner that he was appointed as Constable Police on 30.10.1998. On 17.04.2013, the petitioner was on duty for the Purnagiri Mela. A Sub-Inspector suspected that the petitioner was in intoxicated condition on that date. He was directed to report back to the Kotwali. The petitioner was directed to undergo the medical examination for intoxication. On 18.04.2013, the petitioner was withdrawn from the mela duty and directed to report at Police Line Almora. On 29.04.2013, the petitioner was suspended and following two charges were leveled against him.

(3.) It is the case of the petitioner that after leaving the mela duty on 18.04.2013, he fell ill, therefore, could join department only on 01.05.2013. The petitioner was provided charge sheet on 12.08.2013, which he replied. The departmental inquiry was conducted and the Inquiry Officer by his report dated 05.10.2013 found the petitioner guilty of intoxication, while on duty on 17.04.2014 and also absent without leave from 18.04.2013 to 01.05.2013.