ARUN KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Challenging the penalty order dated 31.01.2003 whereby the petitioner was dismissed from service and the appellate order dated 01.06.2005 whereby the appeal preferred by the petitioner has been dismissed by the appellate authority, the petitioner has approached this Court by filing the present writ petition. Heard learned counsel appearing for the parties and perused the documents on record.

(2.) A charge-memo was served upon the petitioner on the allegation that on 28.02.1999, he was found drunk and he fired in the air. He was caught by the persons present there otherwise, it would have resulted in some serious incident. An enquiry was conducted and the enquiry report dated 15.11.2002 was submitted. The petitioner was served the second show-cause notice by letter dated 04.12.2002 and he submitted his reply however, his defence was not accepted. The order of dismissal from service was passed on 31.01.2003 and the appeal preferred by the petitioner has also been dismissed by order dated 01.06.2005.

(3.) A counter-affidavit has been filed stating as under,