VIVEK RUSIA
Ambaram Vaskale – Appellant
Versus
State of M. P. – Respondent
ORDER
1. The petitioner has filed the present petition under Article 226 of the Constitution of India being aggrieved by the order dated 5.11.2005, whereby he has been terminated from the service by the Superintendent of Police, Khargone and also against the order dated 22.1.2006, whereby the appeal has been dismissed confirming the order passed by the Superintendent of Police.
2. Facts of the case in short are as under:-
2.1. The petitioner was working as a Constable and posted at Police Line Barrack, Khargone. He was placed under suspension on the charge that on 10.5.2005 near about 24:00 hours, in uniform, he consumed the liquor, went to the Barrack of the Police Line and abused / misbehaved with the newly recruited Constable and other employee. The said incident was recorded in Rojnamcha Sanha No.614 / 10.5.5. He was medically examined and found in an intoxicated condition. On 11.5.2005 near about 8:00 am, he again consumed the liquor and went to the Bajrang hotel situated in front of the Police Line and abused the employees. The report was recorded in the Rajnamcha Sanha No.635 / 11.5.2005. Again he was medically examined and found in a drunken condition. On the basis of the afor
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 punishment imposed must be proportionate to the gravity of the proved charges, and the court will interfere only if the punishment is shockingly disproportionate.
The main legal point established is that the disciplinary authority is responsible for determining misconduct, and the court should defer to its findings unless there is no evidence or the decision i....
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