UNION OF INDIA Vs. DVR. PARVINDER SINGH

JUDGEMENT

(1.) The present Special Appeal is directed against the order dtd. 11/5/2018 rendered by the learned Single Judge in Writ Petition (S/S) No. 73 of 2012 preferred by the respondent.

(2.) The respondent had preferred the said Writ Petition to challenge the order of dismissal passed against him by the appellant no. 2, i.e. the Deputy Inspector General, I.T.B.P. Head Quarter, Bukhara Camp Bareilly.

(3.) The brief background facts are that the respondent was serving in the I.T.B.P as HC/ Driver. He was driving a vehicle, with several I.T.B.P. personnel in it. He met with an accident, which resulted in death of three I.T.B.P. personnel and injuries to thirteen others. The respondent himself was injured in the accident. When he was medically examined, it was found that he was in an inebriated state. He was placed under suspension on 22/12/2010, and charges were framed against him for his aforesaid misconduct on 17/1/2011. He was subjected to a Summary Force Court Marshall, and was found guilty. The proceedings of the Summary Force Court were confirmed on 24/2/2011, and his name was ordered to be struck off from the Unit w.e.f. 25/2/2011. Consequently, he was dismissed from service vide order dtd. 24/2/2011.