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2021 Supreme(Del) 52

MANMOHAN, ASHA MENON
Raju Kolla – Appellant
Versus
Union of India – Respondent


Advocate Appeared:
For the Appellant :Abhishek Kaushik, Advocate.
For the Respondents:Farman Ali, Syed Husain Adil Taqvi, Athar Farooquei, Advocates.

JUDGMENT :

ASHA MENON, J.

CM No.1216/2021

Exemption allowed, subject to all just exceptions.

W.P.(C) 470/2021 & CM No.1215/2021

1. The petition has been heard by way of video conferencing.

2. The petitioner is an Ex-constable of the Central Industrial Security Force (for short, ‘CISF’) and challenges the various orders arising out of the disciplinary action initiated against him, culminating in his dismissal from service.

3. The petitioner was posted at the Plant Company, CISF Unit, NALCO, Damanjodi, Odisha and was assigned duties for the night shift on 25th September, 2017 from 2100 hours to 0500 hours on 26th September, 2017 at EIL Store backside. At the time he had reported for duty to the Control-Room for briefing, he was found to be drunk. He was medically examined at the NALCO Hospital, Damanjodi where the doctor observed “Alcoholic Smell, drunken gait, pupil dilated and Speech Slurred”. Consequently, disciplinary action was initiated against him vide Memorandum dated 20th October, 2017. The two Articles of Charge framed against the petitioner were as follows: -

    ARTICLE OF CHARGE-I

"That, No. 092550403 Constable/GD Raju Kolla of 'Plant' Company, CISF Unit NALCO Damanjodi who was detai

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