The validity of evidence, adherence to medical jurisprudence standards, and sufficiency of proof in disciplinary proceedings.

J.K. Maheshwari, J.

1. This petition was filed before the M.P. State Administrative Tribunal, challenging the order dated 22-3-1997 (Annexure-A/8), passed by the disciplinary authority, by which the penalty of his removal has been passed. Petitioner has also challenged the order passed in appeal (Annexure-A/10) dated 2-7-1997, confirming the said order, passed by the disciplinary authority. On abolition of the Tribunal this case is received for its final adjudication to this Court.

2. It is the case of petitioner that on 18-6-1996 he was on Court duty and after coming back, a request seeking leave was made by him with Reserved Inspector, Mandsaur (hereinafter it be referred as "R1" in short). On such request he was annoyed with petitioner and by making allegation of drunkenness and misbehaviour; petitioner was sent for medical examination to the hospital. After obtaining the report from the doctor, a charge-sheet Annexure-A/1 dated 1-8-1996 was issued by the Additional Superintendent of Police, Mandsaur, wherein the following charges were levelled against him :

3. Petitioner has submitted his reply denying all the allegation as alleged against him. Thereafter, an enquiry was conducted, and by the enquiry report Annexure-P/7 the charges as levelled against him were found proved. After issuing a show-cause notice Annexure-A/6, the order dated 22-3-1997 of penalty of removal from service has been passed as per Annexure-A/8 by the disciplinary authority. The appeal preferred against such order Annexure-A/9 has also been rejected on 2-7-1997 as per Annexure-A/10 and the order of disciplinary authority has been confirmed. Petitioner has filed this petition challenging the order of his removal passed by the disciplinary authority, and appellate authority and prayed for quashment of the same, and reinstatement with consequential benefits.

4. Shri M.I. Khan, learned counsel appearing for the petitioner submits that the basic charge levelled against the petitioner is of drunkenness while he was in roll-call at 8 PM on 10-6-1996; In the enquiry the charge of drunkenness was found proved relying on the medical report submitted by the doctor, with following details :

5. The perusal of the report indicates that the patient was fully conscious, Gait normal, Speech normal and smell of alcohol coming from mouth. Although, the word 'not' has been written in between Alcohol and coming but it is crossed without any counter signature of the doctor concerned which may be clearly seen from the original report produced before this Court along with the record. It is urged by the learned counsel for the petitioner that as per Taylor's Principles and Practice of Medical Jurisprudence, all the reports which may form the basis of diagnosis of drunkenness should be performed by the doctor as per "Model Scheme of medical examination". However, the report which is relied upon by the enquiry officer, and formed the basis to prove the charge of drunkenness is not sufficient, because it is not as per the said scheme. However, the punishment offered merely relying on such report of the doctor is unsustainable and the penalty of removal as directed against him is liable to be quashed.

6. Per contra Smt. Rashmi Pandit, Panel lawyer appearing for the respondents, submits that Dr. A.V. Gwaliorkar has submitted his report indicating consumption of the alcohol by the petitioner, and such allegation has been found proved by the Inquiry officer. It is further submitted that the prosecution witness No. 1 Ashok has stated that petitioner was shouting in roll call and having unexpected talks, however, the R.I., who is the in-charge of the roll call has come over there and found the smell of alcohol from the mouth of the petitioner, hence, send him for medical examination. On the other hand the statement of Ashok has been confirmed by the R.I. concerned and, as such, it is fully proved that the petitioner has shouted in the roll call and having unexpected talks under alcohol