JUDGMENT

A. K. Patnaik, J. —

This is an appeal against the order dated 12.02.2004 of the Division Bench of the Jammu and Kashmir High Court in L.P.A. No.600-A 1999 (for short ‘the impugned order’).

2. The facts very briefly are that the respondent was working as a Constable in the Central Reserve Police Force (for short ‘the CRPF’). A complaint was lodged against the respondent. It was alleged in the complaint that he was detailed with vehicle no.25 to carry patrolling party on Chandel Palel Road but he left the vehicle unattended and absented himself without permission of his superior officer and reported on his own after 20 minutes. It was also alleged in the complaint that while he was on duty, he consumed illicit alcohol and in an inebriated state of mind misbehaved with his superior officer H.N. Singh, snatched his AK-47 rifle and pointed the barrel of the rifle to him and on the intervention of Lachhi Ram, Assistant Commandant, the barrel of the rifle was pointed upward and an untoward incident was avoided. A copy of the complaint was served on the respondent and a disciplinary enquiry was conducted and the Assistant Commandant-cum-Magistrate First Class in his order dated 10