Mohit Kumar Shah, J. – The present writ petition has been filed for quashing the order dated 26.04.2011 passed by the Commandant, 159 Battalion CRPF, Gaya i.e. the respondent no. 6, whereby and whereunder the petitioner has been inflicted the punishment of removal from service as also for setting aside the order dated 01.04.2013 passed by the respondent no. 4, whereby the appeal filed by the petitioner has been rejected.

2. The brief facts of the case, according to the petitioner, are that the petitioner was appointed as Sepoy/GD for general work in the Central Reserve Police Force on 11.03.2004. A show cause notice was issued to the petitioner vide letter dated 24.08.2010, asking him to furnish explanation regarding his gross misconduct in performance of his duties on the allegation that on 11.01.2010 at about 7:00 P.M., before going for operation duty, he had consumed liquor and had also threatened his colleagues that he would kill them. Thereafter, a departmental proceeding was initiated against the petitioner and an Enquiry Officer was appointed wherein the petitioner had appeared, accepted the charges levelled against him and had pleaded guilty but had said that he had not given any threat of killing his colleagues. Thereafter, the enquiry report was submitted and a second show cause notice was issued to the petitioner vide memo dated 03.02.2011, enclosing a copy of the enquiry report with an observation that the petitioner can submit his reply to the same within a period of 15 days but the petitioner filed his explanation dated 25.02.2011, admitting his guilt. The disciplinary authority had then considered the enquiry report and the explanation furnished by the petitioner and had come to the conclusion that such type of behavior by the petitioner is gross misconduct and creates adverse effect on the members of the disciplined force, hence an order inflicting punishment of removal from service was passed by the respondent no. 6 on 26.04.2011. The petitioner had then challenged the same by filing an appeal, however, the same has also stood rejected by an order dated 01.04.2013, passed by the respondent no. 4.

3. The Ld. Counsel for the petitioner has raised only one issue i.e. regarding the punishment of removal from service being shockingly disproportionate to the gravity of charges levelled against the petitioner, hence it is submitted that the impugned orders be set aside and the matter be remanded back to the disciplinary authorities for taking a fresh decision with regard to the quantum of punishment.

4. Per contra, the Ld. Counsel for the respondents has submitted that while the petitioner was posted at F/159 Bn., two platoons were to proceed for operation duty on 11.01.2010 and during the course of checking, the petitioner was found unprepared & was not wearing B.P. Jacket, however, on being asked by the CHM as to why he was not wearing BP Jacket, he replied that he had problems in wearing B.P. jacket and the CHM could report it to anyone, if he so desired, thus harshness & arrogance was very clear in his tone. Nonetheless, the CHM had asked the petitioner not to speak in a rude manner but the petitioner had continued with his misbehavior & had threatened to kill him, in presence of the whole platoon troops, whereafter, the other Jawans present there had also requested the petitioner to stop being arrogant with the CHM, however, it was revealed that the petitioner had consumed alcohol & he was in an inebriated state. Accordingly, the petitioner was sent to the Primary Health Centre, Navinagar & upon medical examination, it was confirmed that the petitioner was in a state of intoxication having consumed liquor. Consequently, a charge sheet was framed against the petitioner vide memo dt. 24.8.2010, with a direction to him to submit his explanation within 15 days but the petitioner did not submit any reply.

5. Thereafter, an enquiry officer was appointed vide order dated 26.10.2010, for conducting the departmental enquiry