M.L. MEHTA, J.

1. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the order dated 12th January, 1990 of the respondent herein, whereby the appeal of the petitioner against the Order of Removal from service dated 26.6.1990 was rejected.

2. The petitioner has been in the employment of the respondent since 03rd March, 1982 as a Driver. After completion of probationary period satisfactorily, he was employed in permanent capacity of the respondent. On 11th December, 1987, he was charged for misconduct. The statement of Articles of Charge in brief is as under:

(a) That on 27th November, 1987, the petitioner along with an outsider entered in the ‘N’ Block office of the respondent with a bottle of whisky and he started drinking there and misbehaved with the staff posted at the ‘N’ Block office and thus, the petitioner indulged into an act unbecoming of a Government servant.

(b) At the aforesaid time and place, the outsider asked one of the persons on cash duty to fetch a glass of water. On refusing to do so, both the petitioner and his outsider friend used unparliamentary language. They also asked one Mahesh Kumar