MADHUKAR MAHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) INVOKING the extra-ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India the petitioner, a former employee of the Ordnance Factory, Khamaria has called in question the tenability of the order, dated 12-2-2002 passed by the Central Administrative Tribunal, Jabalpur Bench, Jabalpur (in short 'the Tribunal' ).

(2.) THE facts which are requisite to be stated for adjudication of the writ petition are that the petitioner was while working in the Ordnance Factory, Khamaria was found in a drunken state in the working hours. In addition, he was also playing truant and remaining absent from duties. Be it noted, the petitioner was working as 'durwan' in the Ordnance Factory, Khamaria. Because of this situation a disciplinary proceeding was initiated against him and a charge-sheet was served on him. After the charge-sheet was served, the delinquent employee filed his show-cause admitting the charges levelled against him. On the basis of the admission, the Disciplinary Authority passed the order of removal vide Annexure P-3, dated 10-11-1990.

(3.) BEING aggrieved by the aforesaid order the petitioner preferred an appeal before the Appellate Authority. Memorandum of appeal has been brought on record as Annexure P-4. In the appeal in Paragraph 3 it was expressly stated that he had accepted the charges as he was assured that lesser punishment would be imposed. The Appellate Authority vide Annexure P-6 scrutinizing the grounds urged in the memorandum of appeal came to hold that after admitting the charges, the petitioner cannot take a somersault. The Appellate Authority also stated that the contention of the petitioner that he was not intoxicated was not acceptable as after medical examination it was confirmed that he was under influence of alcohol. Eventually the appeal stood dismissed.