Raju Kolla vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

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

Table of Content
1. disciplinary action and subsequent appeals. (Para 2 , 3 , 4)
2. (Para 5 , 6)
3. disproportionate punishment argument without merit. (Para 7 , 9)
4. proportionality of punishment established in precedents. (Para 8 , 10 , 11)
5. dismissal of the petition. (Para 12 , 13 , 14)

JUDGMENT

Asha Menon, J. (Oral)

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 Slur