CHARANJEET SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 31. 12. 93 passed by Superintendent of Police, Sri Ganganagar, whereby penalty of withholding of one grade increment with cumulative effect was inflicted on the petitioner for the charges of mis conduct proved against him, and the order dated 9. 8. 94 passed by the Appellate Authority, whereby while rejecting the appeal preferred by the petitioner against the aforesaid order passed by the Disciplinary Authority, the punishment imposed has been enhanced and the petitioner has been ordered to be reverted from the post of Head Constable to the post of Constable for a period of one year.

(2.) BRIEFLY stated facts of the case are that the petitioner holding the post of Head Constable was posted as Reader in the Circle Office, Sri Karanpur, District Sri Ganganagar. He was served with a charge sheet alleging therein that on 4. 10. 92 during the inspection by the Deputy Inspector General Police, Bikaner, he appeared before the Circle Officer, Karanpur, after consuming liquor and thus breached the discipline of the office. It was further alleged that the petitioner was warned time and again not come to the office after consuming the liquor but he did not care to obey the instructions issued by the Circle Officer.

(3.) A perusal of the inquiry report reveals that the petitioner has been held guilty of the charges of misconduct levelled against him on the basis of the statements of Shri Ramesh Chandra Sharma, Circle Officer, Karanpur, who is complainant in the matter and Dr. Jaswant Singh, who had conducted medical examination of the petitioner to find out as to whether he had consumed the liquor and was in intoxicated condition. Mr. Ramesh Chandra Sharma has stated in his statement that on 4. 10. 92, he had directed the employees posted in his office to attend the office on account of urgent government work. It is further started that the petitioner attended the office after consuming liquor in intoxicated condition, therefore, he directed Hema Ram, Inspector to get examined the petitioner by a doctor and to produce the report and on receiving the report, the same was forwarded by him to the Superintendent of Police, Sri Ganganagar. Dr. Jaswant Singh (PW. 5) has stated that on examination of the petitioner, he found that the petitioner had consumed the liquor but, he was not in intoxicated condition. He has categorically stated that he had not taken the sample the blood and urine of the petitioner for examination.