SHIV KUMAR TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has filed this writ petition for a writ of certiorari quashing the orders dated 21.10.2003, 25.02.2003 and 10.07.2002 passed by the respondents 2, 3 and 4 respectively.

(2.) FACTS of the case stated briefly are that on 12.5.2001 the petitioner, a constable in the Railway Special Protection Force, while he was on flying squad duty during the Kerela assembly elections was found to have consumed liquor and under its influence was using intemperate language and creating a nuisance by waving his pistol in the air amongst the public. He was therefore sent back to the Puddu Nagaram Police Station and from there he was sent to the Government Hospital for medical examination. An entry in this regard was made in the general diary of the police station concerned and a report was also filed by Sub Inspector, Daya Ram. Consequent thereto and after a preliminary enquiry, a charge sheet was served upon the petitioner on 4.7.2001. The petitioner denied the charges and a full -fledged enquiry was conducted in the matter. The petitioner submitted his reply to the charges on 24.1.2002. After the enquiry proceedings, wherein full opportunity was provided to the petitioner, the enquiry officer on 11.2.2002, submitted the enquiry report stating therein that both the charges against the petitioners stood proved. A copy of the enquiry report was sent to the petitioner, granting him 15 days time from the date of its receipt, to submit a representation in writing, if he so desired. A representation was made by the petitioner on 6.03.2002. Upon a consideration of the material on record the disciplinary authority, respondent no:4, on 10.07.2002 passed an order of removal from service. The appellate authority by its order dated 25.02.2003 dismissed the appeal, which order was affirmed in revision by the respondent no:2 vide order dated 21.10.2003. It is these 3 orders which are impugned in the instant writ petition.

(3.) I have heard Learned counsel for the petitioner as also the counsel for the respondents.