M APPUKUTTAN Vs. SUPERINTENDENT OF POLICE TIRUNELVELI

JUDGEMENT

(1.) HEARD both sides. The petitioner, who was a Grade I Police Constable, filed the O. A. No. 6723 of 1998 before the Tamil Nadu Administrative Tribunal, seeking to set aside the order dated 24. 4. 1998 passed by the first respondent, the Superintendent of Police, Tirunelveli District and confirmed by the order, dated 24. 6. 1998 by the second respondent.

(2.) IN view of the abolition of the Tribunal, the matter stood transferred to this court and was renumbered as W. P. No. 3753 of 2006. On notice from the Tribunal, the first respondent has filed a reply affidavit, dated 17. 12. 1998. The original file was also circulated by the learned Government Advocate for perusal by this court.

(3.) THE brief facts leading to the dismissal of the petitioner are as follows: the petitioner was working as a Grade I Police Station at Moondradaippu Police Station from 26. 7. 1997. He was on Roll Call on 22. 12. 1997 at 17. 00 hours. The petitioner did not turn up for duty, but he later appeared before the station Sub Inspector in a drunken condition at 19. 30 hours. He was unable to perform the station routine duty. Therefore, the Sub Inspector of Police along with two other police personnel, produced the petitioner before the Duty Medical Officer, Tirunelveli Medical College Hospital with a memo for examination. When the Medical Officer asked for the petitioner to give his urine and blood samples, the petitioner refused to do so. Therefore, the Medical Officer gave a certificate to the effect that the petitioner had consumed liquor, but not under its influence. A case under Section 4 (1) (j) of the Tamil Nadu Prohibition Act was registered against the petitioner in Moondradaippu police station.