MULCHANDBHAI N PARMAR Vs. DISTRICT SUPERINTENDET OF POLICE

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed by the petitioner against the concurrent findings of the Disciplinary Authority, the Appellate Authority and the Revisional Authority, after exhausting two rounds, where, the petitioner was dismissed from service by order dated 31st May 1989 by the respondent No.1.

(2.) The main grounds of challenge to the impugned order of dismissal dated 31st May 1989 passed by the respondent No.1 are that the petitioner had never indulged in the misconduct alleged to have been committed by him; the procedure of departmental enquiry held by the Authority was not in consonance with the principles of natural justice; the findings of the Enquiry Officer are based on no evidence; and, the Disciplinary Authority, the Appellate Authority and the Revisional Authority have failed to look into this aspect and, therefore, the impugned order of dismissal dated 31st May 1989 passed by the respondent No.1 deserves to be quashed and set aside.

(3.) It is the case of the petitioner that, pursuant to the incident dated 12th October 1985, the petitioner was placed under suspension by order dated 27th March 1986 and, thereafter, charge sheet dated 1st June 1986 came to be issued, where, mainly, two charges were levelled against the petitioner, namely, (i) the petitioner had brought one tribal lady to the police quarter, room No.59, 'C' Block, with ill-intention, and (ii) the petitioner was found in a drunken condition. According to the charge sheet, the petitioner had committed the misconduct of unbecoming of a member of the disciplinary force.