CHANDAN RAM TAMTA Vs. PUBLIC SERVICE TRIBUNAL

JUDGEMENT

(1.) J. C. S. Rawat, J. Heard Sri K. N. Joshi learned counsel for the petitioner, Sri N. B. Tewari, learned Addl. Advocate General for the State/respondent nos. 1, 4 and 5 and Smt. Beena Pandey, learned Stand ing Counsel for State of U. P/respondent nos. 2 and 3.

(2.) THE present writ petition has been filed for the following reliefs : i. Issue a writ, order or direction in the nature of certiorari quashing the impugned orders dated 13-05- 1995,1/-02-1996,15-10-1999 and 31-05-2006 (annexure no. 4, 6,10 and 13 to the writ petition), passed by the respondents, ii. Issue a writ, order or direction in the nature of mandamus direct ing the respondents to reinstate the petitioner in Service with all consequential benefits, iii. Issue any other order or direction which this Hon'ble Court may deem fit and proper, in the cir cumstances of the case, iv. Award the costs of petition.

(3.) IN the departmental inquiry, the charges were framed against the peti tioner and a show cause notice was is sued to him. The inquiry was conducted against the petitioner by the I. O. Ulti mately, the INquiry Officer submitted its report on 13-03-1995 on the basis of the material before him. The INquiry Officer held that the petitioner had consumed liquor on the relevant date and time and he was indulged in the unpleasant man ner and he also used the filthy language in the state of intoxication. The INquiry Officer accordingly found him guilty to the charges levelled against him. There upon, the Disciplinary Authority served a show cause notice upon the petitioner. The Competent Authority thereafter, passed order of dismissal on 18-05-1995 and the petitioner was also declined bal ance of salary other than the subsistence allowances during which the petitioner remained under suspension.