PREMSINGH JHALA Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition was filed before the M.P. State Administrative Tribunal, challenging the order dated 22 -3 -1997 (Annexure -A/8), passed by the disciplinary authority, by which the penalty of his removal has been passed. Petitioner has also challenged the order passed in appeal (Annexure -A/10) dated 2 -7 -1997, confirming the said order, passed by the disciplinary authority. On abolition of the Tribunal this case is received for its final adjudication to this Court.

(2.) IT is the case of petitioner that on 18 -6 -1996 he was on Court duty and after coming back, a request seeking leave was made by him with Reserved Inspector, Mandsaur (hereinafter it be referred as "R1" in short). On such request he was annoyed with petitioner and by making allegation of drunkenness and misbehaviour; petitioner was sent for medical examination to the hospital. After obtaining the report from the doctor, a charge -sheet Annexure -A/1 dated 1 -8 -1996 was issued by the Additional Superintendent of Police, Mandsaur, wherein the following charges were levelled against him :

(3.) SHRI M.I. Khan, learned counsel appearing for the petitioner submits that the basic charge levelled against the petitioner is of drunkenness while he was in roll -call at 8 PM on 10 -6 -1996; In the enquiry the charge of drunkenness was found proved relying on the medical report submitted by the doctor, with following details :