MAHALI ORAON Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner, being aggrieved with the order dated 31.3.2010 passed by the disciplinary authority, by which he has been dismissed from service and the appellate order dated 5.7.2010 upholding the order of dismissal, has approached this Court.

(2.) It has been submitted by learned counsel appearing on behalf of the petitioner that the petitioner has been appointed as Constable and posted at Tiger Mobile in the district of Dhanbad, a charge-sheet has been issued against him with respect to commission of irregularity i.e. in the drunken stage he has shown Government revolver towards a Police Constable, as such he has committed gross indiscipline. It has been submitted on behalf of the petitioner that the charge itself is illegal because the charge has been levelled with respect to drunk ness of the petitioner while on duty but no medical examination by taking sample of blood and urine has been done and charge has been framed.

(3.) It has further been submitted that the petitioner has been dismissed from service without any reason and without ascertaining the fact as to whether he was in drunken stage or not.