JASWANT SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE present O.A. is directed against the order dated 02.09.2013 whereby the Disciplinary Authority has inflicted the punishment of compulsory retirement from service upon the applicant and order dated 25.03.2014 vide which the appeal filed by him was dismissed.

(2.) THE facts which led to filing of the present O.A. are that the applicant, who was working with respondent department as peon, was served with a memorandum dated 19.06.2012 under Rule 8 of the Punjab Civil Services (Punishment & Appeal) Rules, 1970 (for brevity The 1970 Rules) along with statement of charges for consuming alcohol on duty. In furtherance to above, respondent No. 3 appointed a retired officer as inquiry officer on 08.11.2012 who submitted his report on 10.04.2013, holding the applicant as guilty of charges. Respondent No. 3 agreeing with the findings of the Inquiry officer inflicted the punishment of compulsory retirement vide order dated 02.09.2013. Aggrieved against the above order, the applicant preferred statutory appeal on 04.02.2014 which too was dismissed vide order dated 25.03.2014. Hence, the present O.A.

(3.) THE applicant has also filed a rejoinder contradicting the averment made in the written statement. He placed reliance upon the judgment passed by the jurisdictional High Court in case of Union of India & Ors. v. Jit Ram & Ors. (CWP No. 9735/2008) decided on 01.07.2014 to the effect that the punishment inflicted is disproportionate to the alleged charges.