Honble LODHA, J.–This writ petition is directed against the order dated 31.12.93 passed by Superintendent of Police, Sri Ganganagar, whereby penalty of withholding of one grade increment with cumulative effect was inflicted on the petitioner for the charges of mis conduct proved against him, and the order dated 9.8.94 passed by the Appellate Authority, whereby while rejecting the appeal preferred by the petitioner against the aforesaid order passed by the Disciplinary Authority, the punishment imposed has been enhanced and the petitioner has been ordered to be reverted from the post of Head Constable to the post of Constable for a period of one year.

(2). Briefly stated facts of the case are that the petitioner holding the post of Head Constable was posted as Reader in the Circle Office, Sri Karanpur, District Sri Ganganagar. He was served with a charge sheet alleging therein that on 4.10.92 during the inspection by the Deputy Inspector General Police, Bikaner, he appeared before the Circle Officer, Karanpur, after consuming liquor and thus breached the discipline of the office. It was further alleged that the petitioner was warned time and again not come to the office after consuming the liquor but he did not care to obey the instructions issued by the Circle Officer.

(3). A reply to the charge sheet was filed on behalf of the petitioner which was not found satisfactory by the Disciplinary Authority, therefore, an Inquiry Officer was appointed to inquire into the charges of mis conduct levelled against the petitioner. After completion of the inquiry, the Inquiry Officer submitted the inquiry report to the Disciplinary Authority, who in his turn while supplying the copy of the inquiry report to the petitioner, issued a show cause notice to him as to why the punishment of removal from service may not be imposed upon him for the charges of misconduct proved against him. The petitioner submitted his representation stating therein that so far as charge regarding consuming liquor is concerned, that has been held to be proved against him on the basis of the Doctors report (PW.5) and the statement of Shri Ramesh Chandra Sharma, Circle Officer, Sri Karanpur (PW. 6), who was complainant in the matter. It was pointed out that the Doctor has given the report without conducting blood and urine test, presuming that since smell of alcohol was coming out of the mouth of the petitioner, therefore, he has consumed the liquor. It was stated that solely on the basis of Doctors report, the petitioner cannot be held guilty of the charges of misconduct levelled against him. However, the Disciplinary Authority after examination of the material on record, concurred with the findings recorded by the Inquiry Officer and accordingly, while holding the petitioner guilty of the charges of misconduct levelled against him, inflicted punishment of one grade increment with cumulative effect vide order dated 21.12.93.

(4).Aggrieved by the order of punishment, the petitioner preferred an appeal before the Appellate Authority. After examination of the material on record and the punishment order passed the Disciplinary Authority, the Appellate Authority being of the opinion that looking to the gravity of misconduct proved the punishment inflicted deserves to be enhanced, issued a show cause notice to the petitioner as to why he may not be reverted from the post of Head Constable to the post of Constable for a period of 5 years. After giving an opportunity of hearing to the petitioner, vide order dated 9.8.94, the Appellate Authority while rejecting the appeal preferred by the petitioner, enhanced the punishment imposed and the petitioner was ordered to be reverted from the post of Head Constable to the post of Constable for a period of one year.

(5). It is contended by the learned counsel for the petitioner that admittedly on account of holiday on 4.10.92, the petitioner was not on duty, however, he attended the office on being called by the Circle Officer and at the

Click Here to Read the rest of this document