Judgment

K.RAMASWAMY, J.:- Special leave granted.

The respondent, while working as Gunman of the Deputy Commissioner of Police, Ropar, was dismissed from service by order dated February 11, 1980 by the Superintendent of Police, Ropar, on the charge that he was found heavily drunk in the evening of September 6, 1979 and was roaming at the bus stand wearing the service revolver. Traffic Constable, Gurbbachan Singh, brought him with difficulty in a jeep to the police station and the revolver was deposited in the malkhana and sent the respondent to the Civil Hospital for medical examination. The Doctor declared him as heavily drunk. He also had a quarrel with the doctor on duty and abused him. An enquiry into his conduct was conducted after following the prescribed procedure in this behalf and found him to have contravened Rule 16.2(1) of the Punjab Police Manual 1934, Vol. 11 for short the Rules. The departmental appeals denied against the respondent. Thereon he laid the suit for a declaration that the order of dismissal as confirmed in the departmental appeals was null and void, unconstitutional, illegal, ultra vires and opposed to the principles of natural justice. He also sought for