SURESH KUMAR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Learned counsel for the petitioner argues that attributed delinquency of the petitioner is that while travelling by train on 21/11/2013, he was found intoxicated with alcohol. He contends that without conducting any medical examination of the petitioner, he was indicted of the said charge leading to the passing of the impugned punishment order dtd. 22/5/2014 (Annexure P-3), whereby he was removed from service. The said punishment order was upheld vide Appellate as well as revisional authority order dtd. 17/9/2014 (Annexure P-4) and vide order dtd. 8/12/2014 (Annexure P-5), respectively. Petitioner also filed a mercy petition but it did not find favour and was rejected vide order dtd. 30/4/2015.

(2.) Having gone through the pleadings, I find that the entire emphasis of the respondents is that a medical examination was conducted qua another past incident of 26/10/2013, and then too the petitioner had allegedly consumed alcohol. The said delinquency of 26/10/2013 was admitted by the petitioner on 29/10/2013 by writing an application/letter to the Coy Commander that he indeed consumed 120 ml. of liquor. A justification has thus been rendered that the petitioner has been rightly dismissed from service in view of his admission.

(3.) Learned counsel for the petitioner submits that action taken against the petitioner is based on the allegations which were not the part and parcel of the inquiry. Whatever evidence was adduced against him related to past conduct. It is settled position of law that past conduct will not be taken into consideration until that is not part of charge-sheet.