IMPORTANT POINT
The main legal point established in the judgment is that fair opportunity to defend oneself must be provided, but admission of serious misconduct supported by evidence can justify disciplinary action.

ORDER :

This writ petition(TR) has been filed seeking to “call for records relating to order bearing No DO.No.03/2015, C.No 19/RI-HGs/ADD/2015, dated 09.01.2015 of the 3rd Respondent and set-aside the same as illegal, arbitrary, violative of principles of natural justice and Article 14 and 16 of the Constitution of India and consequently direct reinstatement of applicant as Home Guard with all consequential benefits as though the impugned order was never made and pass such other order or orders”

2. Learned counsel for the petitioner submits that petitioner/applicant (hereafter called ‘petitioner’) was appointed as Home Guard in Home Guards Organization on 02-09-2002. After completion of training, petitioner was posted to Hajipur Police Station, Mancherial. On 02.03.2013, petitioner was posted to FCI Food Storage Depot, Mancherial. However, on 07.03.2013, the Manager of FCI has addressed a letter to Divisional Supertindent of Police, Manchierial stating that the petitioner is coming to office in drunken condition and he is not obliging to FCI official and also request to replace the petitioner with other Home guard to safeguard the FCI National Properties. Thereafter, on 07.03.2013, the Inspector of Police, Mancherial Police Station, Adilabad District has addressed a letter to Duty Medical Officer, Government Area Hospital, Macherial to examine the petitioner and issue necessary certification to specially state whether the petitioner is in intoxication state or not and on the same day, i.e., 07.03.2013, the Duty Medical Officer examined the petitioner and stated that the petitioner is “under the influence of alcohol of mild degree”. Thereafter, Sub-Divisional Police Officer, Manchiryal addressed a letter along with Report of Manager, FCI and medical opinion of the Medical Officer to Superintendent of Police, dated 14.03.2013, vide C.No.247/SDM/2013, dated 14.03.2013 stating that the petitioner is not doing his duty properly and he is habituated to consume liquor and request to take action against him, subsequently, the petitioner was suspended, vide C.No.37/RI/HG/add/2013, dated 11.05.2013. Thereafter, on 06.06.2013, a show-cause notice was issued to the petitioner on 06.06.2013, vide C.No.37/RI/HG/ADD/2013, to submit explanation within 10 (days). Thereafter, petitioner submitted explanation on 17.06.2013 before Superintendent of Police requesting to revoke the suspension order on humanitarian ground. Thereafter, enquiry was conducted by Inspector of Police, Manchiryal, vide C.No.93/L1/2014, dated 25.04.2014 and held that the petitioner used to consume alcohol and attend for duties. On 07.03.2013 at 14-00 Hrs to 18-00 the petitioner has to attend duty but the petitioner arrived in advance to Godown by 11.00 hrs in drunken state and after having lunch he slept in the veranda to attend his duty from 14.00 hrs to 18.00 hr. However, the manager observed that the petitioner was in sleeping in drunken state and immediately the petitioner was sent to Medical Examination and the Medical officer has also confirmed the same that the petitioner is under the influence of alcohol of mild degree, hence the petitioner has attended his duty in drunken state and submitted a report that the charges are proved. Thereafter, Superintendent of Police, Adilabad has issued another show cause notice, vide C.No.37/RI/HG/ADD/2014, dated 26.12.2014 and submit the explanation within (10) days. On 07.01.2015, the petitioner submits his explanation stating that on 07.03.2013, and the petitioner has attended function of his friend and thereafter went to attend duty and admitted that due to force from petitioner’s family member, he has consumed little bit of alcohol and immediately rushed to work place. Subsequently, Committee members of Home Guards Organization comprising of i) Member-Dy.Superintendent of Police, Adilabad District, ii) Convener-Commandant (T), Home Guards, Hyderabad and iii) Chairman, Superintendent of Police, Adilabad District has held committ