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2009 Supreme(J&K) 331

SUNIL HALI
Chattar Singh – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Advocate For Appellant: B.S. Salathia
Advocate For Respondent: V.K. Magoo

1. While performing his duty as driver, the petitioner was found in an inebriated state by the Police Station, Ram Munshi Bagh, Srinagar on 13-8-2005. Petitioner was arrested by the police and subjected to medical check up. He was declared alcoholic positive. A challan was produced against him on 16-8-2005 before the Chief Judicial Magistrate, Srinagar. Petitioner pleaded guilty before the court and accordingly he was fined Rs. 100/- by the trial court.

2. In pursuance to this, the respondents initiated enquiry against the petitioner under rule 14 of CCS (CCA) Rules, 1965. Articles of charge were framed against the petitioner. He was placed under suspension. The Inquiry Officer was appointed to inquire into the charge levelled against the petitioner. The petitioner admitted the charge. After his admission, order dated 14-8-2007 was passed in which it was ordered that the petitioner be discharged from service.

3. The petitioner filed an appeal against the order dated 14-8-2007 before the appellate authority. The same was dismissed. The only ground on which the petitioner has come up in this petition is that the punishment imposed, is not commensurate to the alleged act of misconduct.




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