(1.) The departmental proceedings initiated under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, resulting in penalty of dismissal from service is being inflicted on the petitioner. This order passed on 6th of Jan '92, has been placed on the record as Annexure 'C'. It is this order passed by the disciplinary authority which is the subject matter of challenge in this petition. This order was challenged in appeal also. The appeal stands dismissed. Copy of this order has also been placed on the record of this file as annexure 'D'.
(2.) The misconduct which was attributed to the petitioner was that on 28th April '90, the petitioner consumed liquor within the office premises. After consuming liquor, he is said to have taken an official vehicle to a place to which he was not supposed to take. Another driver namely Rajinder Kumar asked the petitioner not to do so. The petitioner did not pay any heed to this. This vehicle was used for carrying some civilians. The vehicle met with an accident. After this incident, the petitioner was not available. He was traced only after 3rd day of the accident. It was this misconduct which was attributed to the petitioner. This misconduct was found to have been established. On establishment of the above factual position, the petitioner came to be visited with penalty of dismissal from service which was to be a disqualification for future employment under the Government.
(3.) Above order passed by the disciplinary authority is being challenged inter alia on the following grounds: