Disciplinary authorities must adhere to fair procedures under Article 14, ensuring just treatment in service dismissal cases.

JUDGMENT :

ROBIN PHUKAN, J.

1. Heard Mr. R.P. Sarma, learned Senior counsel assisted by Mr. P.N. Sarma, learned counsel for the petitioner and Mr. K.K. Parasar, learned Central Government Counsel (CGC hereinafter) for the respondents.

2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the order, No. P-VIII-5/2018-87-EC-2, dated 31.07.2018, issued by the respondent No. 4, by which the petitioner was dismissed from his service with immediate effect.

Background facts:-

3. The backgrounds facts, leading to filing of this petition, are adumbrated herein below:-

“The petitioner was serving as a Constable/GD of Central Reserve Police Force (CRPF hereinafter) in the 87^th Battalion, Unchathal, Jiribam, Manipur. He joined the service on 25.01.2006, and discharged his duties with utmost sincerity and dedication. Since the time of his joining, he was posted in various places, where he discharged his duties with best of his ability and judgment and there was no complaint in discharge of his duty except, however, some complaints, regarding consumption of liquor, occasionally.

Thereafter, on 30.11.2017, at about 05.00 pm, he returned to his camp, having performed his duties continuously for three days as "Quarter-Guard." On account of performing his duties continuously for three days as Quarter-Guard, he got exhausted and felt tired, and with a view to get relax and relieve, he took four pegs of wine in the force’s canteen. And while he was relaxing and taking rest, he was again entrusted with the duty at VIP Gate for two hours from 07:00 pm to 09:00 pm. As a result of exhaustion in discharging his duty for whole day, he could not remain stand and he fell down on the ground. Thereafter, he was taken to the hospital and there medical test was conducted which gave positive test of alcohol consumption.

Then a departmental enquiry was initiated against him. And on the basis of the enquiry report, punishment of "Dismissal from Service" with immediate effect was inflicted upon him, vide impugned order No. P-VIII-5/2018-87-EC-2, dated 31.07.2018, issued by the respondent No. 4, on the charge of allegedly lying in the state of intoxication, by drinking alcohol, during the duty hours on the duty of Morcha (Post).

Thereafter, he had preferred an appeal, under Section 28(a) of the CRPF Rules, 1955, before the Deputy Inspector General of Police, CRPF, Range Imphal, Manipur, (respondent No. 3). But, the respondent No. 3, vide its order No. R.XIII.87/2018-EC-I, dated 16.10.2018, had dismissed the appeal.

It is the contention of the petitioner that on the alleged basis of the alcoholic medical test and attending circumstances, he was inflicted with the punishment of "Dismissal from Service" which is a bolt from the blue and he was prejudiced. During enquiry, though he was given an opportunity to adduce evidence, yet, due to the scaring circumstances, as it happens in the Force, for lower grade employees, and also on account of his health condition, he could not made any attempt to adduce any evidence of any member of his unit, as every member of the unit was scared to give evidence in his favour on the face of scary eyes of senior officers in his defense, except however himself. Although, he had made a prayer for allowing him to perform his duty, but the same was rejected by the official respondents, instead, he was dismissed from service, which is arbitrary, discriminatory, unjust, improper and against the principles of natural justice and administrative fair play and as such, the same is liable to be set aside and quashed.

It is the further contention of the petiti