RANDHIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) A charge -sheet was served upon the petitioner on 7.10.1995. The gist of charge -sheet was that the petitioner under the influence of liquor went to the compound of the office of the Sub Divisional Magistrate, Rohroo and misbehaved with one Sh. Surmu Mal. He was medically examined and the Medico Legal Certificate (MLC) was issued. According to the MLC, petitioner had consumed alcohol. He filed reply to the charge -sheet on 30.10.1995. Inquiry Officer submitted his report on 4.11.1995. Petitioner was served with a show cause notice by the Disciplinary Authority on 21.11.1995. He filed reply to the show cause notice vide Annexure A 6. The Disciplinary Authority imposed penalty of stoppage of two increments with permanent effect. FIR was also registered against the petitioner under section 8 (1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. He was acquitted on 31.5.1997.

(2.) MR . Neel Kamal Sharma has vehemently argued that since his client has been acquitted by the learned Special Judge on 31.5.1997, penalty could not be imposed upon him by the Disciplinary Authority.

(3.) I have heard the learned counsel for the parties and have perused the pleadings carefully.