JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Judicature at Allahabad in Civil Miscellaneous Writ Petition No. 35483 of 2002 by which the High Court has dismissed the said writ petition refusing to set aside the order of dismissal passed by the Disciplinary Authority, the employee (now the heirs of the deceased employee) has preferred the present appeal.

2. That the employee Brijesh Chandra Dwivedi (since deceased) was a driver posted at the 12th Battalion, P.A.C. at Fatehpur. While he was on duty driving a truck carrying the P.A.C. personnel from Fatehpur to Allahabad on Kumbh Mela duty, it was involved in a motor accident with a jeep. He was charged for having caused the accident by dashing his truck on the back side of the jeep while driving under the influence of alcohol. On medical examination conducted on the same date, i.e. 02.02.2000, he was found to have been under the influence of alcohol. A departmental enquiry was initiated against him. On completion of the departmental enquiry, Inquiry Officer proposed punishment of dismissal. Second show-cause notice was issued by the Disciplinary Authority