PANGER BANGEI KUMBA Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. Babloo, learned counsel for the petitioner as well as Mr. C. Kamal, learned CGSC for the respondents.

(2.) BY this writ petition, the petitioner who was serving as a Constable in the Central Reserved Police Force (CRPF for short) and dismissed from service on the grounds of being under the influence of liquor while on duty and substituting duty without prior permission and also cocking his rifle towards the patrolling party has challenged his dismissal order. The articles of charges under which he was dismissed from service are reproduced hereunder.

(3.) IT has been contended by the petitioner that the petitioner had performed sentry duty on the fateful day in place of his colleague at his request, who had to leave for his home suddenly and urgently as his wife was seriously ill and was hospitalised. Thus, the petitioner performed duty of his colleague by helping him who had to leave the post urgently to attend to his ailing wife in the hospital and as such there was no deliberate act of disobedience or indiscipline. He also denied having under the influence of liquor and having cocked his rifle to the patrol party as charged.