CHANDRA SHEKHAR Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking quashing of the order dated 30.3.1993 whereby his services have been terminated.

(2.) Briefly stated the facts of the case are that the petitioner was recruited as Constable in the U.P. Pradeshik Armed Constabulary (PAC) on 3.11.1986 and was posted in the 45th Battalion of the PAC at Aligarh. He was posted in the PAC Contingent New Delhi since 1.3.1993 in the 9th Battalion Special Police Force. By an order dated 16.3.1993 the petitioner was suspended on the ground of indiscipline. Thereafter he was issued a show cause notice on 19.3.1993 requiring him to submit his explanation to the charges that on 14.3.1993 when he was posted at the Taj Mahal Hotel, Delhi an incident occurred that when a foreign delegation of Indonesia headed by their Foreign Minister had come to India and was staying in the Taj Mahal Hotel, the petitioner misbehaved with a lady foreign delegate of that delegation.

(3.) The allegation against the petitioner is that on 14.3.1993 between 22.00 and 24.00 hours when the lady delegate was in her room no. 930 and the foreign Minister alongwith other delegates had gone out, the petitioner approached the lady delegate on the pretext of wanting to have a glass of water. The lady permitted him to come inside the room and offered him a glass of water. This was in itself an irregular act inasmuch as the petitioner had come on duty and could have had water before going on duty and it was not expected of him to ask a foreign lady delegate to give him a glass of water. Again after 20 - 25 minutes he again knocked on the door and entered the room asking for a glass of water. When the lady turned her back to pour water in the glass for him he bent and caressed her legs and thereafter tried to lift her dress from behind. The lady delegate strongly protested and immediately raised an alarm. The petitioner thereupon went out of the room. This incident caused considerable embarrassment for the Government of India as it related to misbehavior with a foreign lady delegate of the Foreign Ministry of Indonesia so much so that the Government of India had to offer a public apology to the lady and Government of Indonesia for this extreme behaviour of the petitioner which brought the national honour into disrepute. The petitioner was informed of the allegations and through a show cause notice he was called upon to explain as to why an adverse entry to that effect be not given to him. The petitioner submitted his reply to the show cause notice dated 26.3.1993 (Annexure-3 to the writ petition) and took the defence that he had not asked for water from the lady but instead he had asked for water from the waiter of the Hotel. This explanation of the petitioner was not accepted by the respondent authorities and thereafter an order was passed on 27.3.1993 giving an adverse entry to the petitioner. By another order dated 29.3.1993 his earlier suspension dated 16.3.1993 was withdrawn and at the same time a show cause notice was given to him on 29.3.1993 as to why he be not paid only the subsistence allowance for the period he remained under suspension. Thereafter on 30.3.1993 the impugned order was passed whereby the services of the petitioner were dispensed with in exercise of powers under the U.P. Temporary Employees (Termination of Services) Rules, 1975.