RAM KUMAR YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Heard counsel for the petitioner.

(2.) By this writ petition, the petitioner has prayed for quashing the order dated 19th April, 2002, 14th May, 2002 and 31" October, 2002 passed by respondents by which the punishment has been awarded to the petitioner and affirmed by the appellate as well as revisional authority.

(3.) Brief facts necessary for deciding the petition are; disciplinary proceedings were initiated against the petitioner under the U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 by giving charge-sheet dated 18th March, 2001. Before submitting the charge-sheet a preliminary inquiry was also held which recommended for holding disciplinary inquiry under 1991 Rules. The preliminary enquiry report found the petitioner under influence of alcohol on 1st September, 2000 in the Police Lines. The petitioner submitted a reply to the charge-sheet. The petitioner in his reply stated that petitioner came to know on 1.9.2000 that he has been reported to be absent in Order Room on which information he went to the Order Room for recall of marking him as absent. He further stated that Sub Inspector Radhey Shyam Singh to whom petitioner went became annoyed and to harm him took the petitioner to Beli Hospital for medical examination. The petitioner denied having consumed liquor on that date. The disciplinary inquiry was held in which witnesses were examined on behalf of the Department. The Enquiry Officer found the charges proved. The Enquiry Officer also noted that petitioner has given in writing that he is not to lead any evidence, oral or documentary, in his defence. He prayed that he be sympathetically considered and proceedings be dropped. Before the Enquiry Officer Head Constable, Rameshwar Dubey and Sub Inspector Radhey Shyam Singh appeared and their statements were recorded. The disciplinary authority, i.e., the Senior Superintendent of Police vide his order dated 19th April, 2002 found the charges proved against the petitioner and agreed with the findings of the Enquiry Officer. The explanation of the petitioner that he was suffering from cold and fever and has taken cough syrup which was smelling as alcohol was not accepted. The Senior Superintendent of Police reduced the petitioner on the minimum pay scale for three years against which order appeal and revision were filed which too have been rejected.