SURAT SINGH (EX Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has impugned the order of the disciplinary authority - the Superintendent of Police, Yamunanagar dated September 12, 1991, dismissing him from service and the appellate order dated September 8, 1992 passed by the Deputy Inspector General of Police, Ambala Range, Ambala Cantt. affirming the order of the disciplinary authority, in this petition under Articles 226/227 of the Constitution of India.

(2.) The facts, briefly stated, are that on April 17, 1989, the petitioner was posted at Police Station, Naraingarh. He had consumed liquor and refused to stand on gate duty. He was got medically examined and the doctor opined that he had taken alcohol. A regular departmental enquiry was ordered against him. A summary of allegation alongwith list of prosecution witnesses and other documents relied upon by the Department was served upon him by the Enquiry Officer on May 26, 1989. The petitioner did not admit the allegations and claimed a regular departmental enquiry. The Enquiry Officer recorded the statements of departmental witnesses and gave opportunity to the petitioner to lead evidence in rebuttal. Thereafter, the petitioner abstained from appearing before the Enquiry Officer. The Enquiry Officer served numerous notices on the petitioner to appear before him, but he refused to do so. The Enquiry Officer closed the defence evidence and submitted his report dated October 10, 1989 holding that all the charges levelled against the petitioner stood proved. On November 3, 1989, the petitioner was transferred to Yamunanagar on the creation of Yamunanagar. The disciplinary authority accepted the enquiry report and issued a show-cause notice to the petitioner stating that he proposed to inflict a penalty of dismissal from service. He was transferred and Shri H.S. Ahlawat, I.P.S., took over charge as Superintendent of Police, Yamunanagar. After perusing the records, he issued a fresh show-cause notice proposing the above penalty, but no reply thereto was filed by the petitioner. Before taking any decision in the matter, Shri H.S. Ahlawat, I.P.S., was also transferred and Shri K.K. Mishra, IPS, took over the charge as Superintendent of Police at Yamunanagar. He issued a fresh show-cause notice proposing the penalty of dismissal from Police force on August 23, 1991, which was served upon the petitioner on August 25, 1991, but the petitioner did not submit any reply to that show-cause notice. The disciplinary authority, agreeing with the enquiry report, imposed the penalty of dismissal from service. The petitioner, aggrieved against the order of dismissal, challenged the same in appeal before the Deputy Inspector General of Police, Ambala Range, Ambala Cantt. The appellate authority, after perusing the evidence, came to the following conclusion -

(3.) The learned counsel for the petitioner raised following submissions :-