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REKHA BORANA
LRs of Chhotu Ram S/o Shri Rati Ram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
1. The present writ petition has been filed against the order of dismissal from police services.
2. The brief facts of the case are as under:-
3. The petitioner was appointed on the post of Constable with the respondent Police Department and he was assigned the duty of Quarter Guard for 05.11.2008 from 10 -12, 6 -8 and 2 – 4 p.m. At 2 p.m., he was handed over the charge by one Rajesh Kumar and during the course of discharging his duties, he was found in a drunken condition. It was also reported that out of the 5 bullets in his possession, he loaded one of them in the chamber of his rifle and kept four bullets in his pocket. The said incident was reported by one Girdhari Lal, Store Assistant and soon after being reported, the bullets were taken back from the possession of the petitioner and he was sent for medical examination at 3:45 p.m. in the day. According to the medical examination, the petitioner was drunk but was not intoxicated. On the basis of the medical report, four charges were framed against him and the charge-sheet was issued to him. In pursuance to the charge-sheet, a departmental inquiry was conducted against him and the Reserve Inspector, the Enquiry Officer
The judgment established that a charge of intoxication requires conclusive evidence such as a blood or urine test, and the alleged odour of liquor emitting from the mouth is insufficient to establish....
Allegations of misconduct, especially those involving major penalties, must be supported by conclusive evidence. The Disciplinary Authority must consider the individual's past conduct and surrounding....
The dismissal of a police constable was found unjustified due to lack of evidence and violation of natural justice principles, emphasizing the need for fair inquiry procedures.
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