ORDER

The petitioner seeks a Certiorarified Mandamus calling for and for quashing the proceedings of the first respondent dated 07.08.2017 and a consequential direction to him, to promote the petitioner with all monetary benefits with effect from 01.12.2013.

2. The petitioner joined the police force as Grade-II Police Constable on

17.11.1998. He was transferred in the year 2010 and while discharging duty as a Head Constable in Theruveli Police Station, he was deputed for bandobust duty in Soosaiyappar Church festival on 22.04.2013.

3. In the course of night patrol, the petitioner was found in an inebriated condition and brought to the Paramakudi Government hospital alleging that he has consumed alcohol. He has been suspended thereafter.

4. A charge memo had been issued on 21.08.2013 laying the following charge:

jtwhd elj;ij my;yJ bewpjtwp ele;J “

bfhs;Sjy; mog;gilapy; jpU.khpamUs;> jiyikf; fhtyh; 1668> fPH;j;J}ty; fhty; epiyak; Kd;g[ njhpUntyp fhty; epiyak; vd;gtUf;bfjpuhf Rkj;Jtjw;Ff; fUjg;gl;Ls;s FiwTwy;fspd; rhuk;

Fwpj;j ml;ltiz.

Fw;wr;rhl;L&

fle;j 22.04.2013 md;W ,ut[ njhpUntyp fhty; epiya rufk; nfhlnue;jy; fpuhkj;jpy; ele;j g[dpj R{irag;gh; Mya jpUtpHhit Kd;dpl;L eilbgw;w ehlf ghJfhg;g[ gzpf;F brd;w gpiHahsh; gzpapd;nghJ Fonghijapy; ,Ue;J fhty;Jiwf;F fsq;fj;ij Vw;gLj;jpaH fz;of;fj;jf;f Fw;wk;

”

and after hearing the petitioner, enquiry report was prepared by the enquiry officer on 28.09.2015 concluding that charge had been proved.

5. Before me, the petitioner seeks to differentiate between the use of the words 'drunk' and 'under the influence of liquor'. He relies in this connection, upon a Certificate issued by by the Government Doctor, wherein the symptoms seen in the petitioner have been recorded as follows:

Symptoms at the time of examination:

Conscious. Oriented. Pulse 12/..., BP 110/80 .... Eyes are congested breath smells in (sic) alcohol.

6. Rule 21 of the Tamil Nadu Government Servants' Conduct Rules, 1973 (in short 'Rules') is extracted below:-

“21.Government servant not to be found drunk while attending office, etc.- A Government servant-

(a) shall strictly abide by any law relating to consumption of liquor or intoxicating drugs in force in any area in which he may happen to be for the time being;

(b) shall not be found drunk or under the influence of liquor while attending office or appearing in a public place.”

One must read this rule in conjunction with Rule 20, which deals with Integrity and devotion to duty and states that every member of the service shall at all times maintain absolute integrity and devotion to duty and shall do nothing which is unbecoming of a member of the service.

7. What is relevant is that undisputedly, the petitioner had indeed consumed alcohol at the time of inspection and the distinction sought to be drawn between being 'drunk' and being 'under the influence of liquor' are of no relevance in this matter as the import of Rule 21 of the Rules, is that a Government servant should not be found either drunk or under the influence of liquor while attending office or appearing in a public place.

8. The Black's Law Dictionary defines the term 'drunk' as Intoxicated;

under the influence of intoxicating liquor to such a decree that the normal capacity for rational thought and conduct is impaired. The threshold for drunkenness, which is a stage of intoxication or inebriation, would vary from person to person and this is essentially a question of fact.

9. In this case, the report of the medical officer is categoric that the petitioner had consumed Alcohol. This would suffice to attract the bar under the Rule 21 r/w Rule 20 of the Rules.

10. Charge memo was issued on 21.08.2013 and punishment has been imposed on 09.03.2016 of stoppage of increment for one (1) year without cumulative effect. It was subsequently modified on 07.08.2017 in appeal filed by the petitioner to a Black Mark. As on 01.12.2013, being the crucial date, charge memo dated 28.01.2013 was pending, charging the petitioner of a major offence in terms o