- (1.)Heard Mr. S.P. Sharma, learned counsel for the review applicant. Briefly stated the facts relevant for the present adjudication are that the appellant-writ-petitioner while serving as Constable (Driver) in the State Police department was served with a memorandum of charges initiating proceeding under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (for short, hereafter referred to as "the CCA Rules") leveling the following charges:--
The appellant-writ-petitioner participated in the enquiry that followed. Thereafter, the Enquiry Officer submitted his report holding that the charges were found proved against him. The appointing authority concurring with the said finding imposed the penalty of dismissal from service. Eventually, he turned to this Court for redress by filing S.B. Civil Writ Petition No. 3231/2011. The learned single Judge negated the challenge, whereafter, he preferred D.B. Civil Special Appeal (Writ) No. 792/2011, which by judgment and order dated 29.6.2011 was also dismissed.

(2.)As the judgment and order dated 29-6-2011 sought to be reviewed instantly would reveal, it was pointed out on behalf of the appellant-writ petitioner that the charges leveled against him (appellant-writ-petitioner) had not been fully proved and that even assuming it was so, the penalty of dismissal from service was unwarranted. It was argued as well that in imposing the penalty of dismissal from service, the disciplinary as well as the appellate authority had wrongly taken note of his past conduct which was impermissible in law.
(3.)A Co-ordinate Bench of this Court while dismissing the appeal rejected all these contentions on a detailed consideration of all relevant aspects factual and legal. It was recorded inter alia that in the light of the statement of the appellant-writ-petitioner himself one could come to the conclusion that he had consumed liquor on the date of incident while on duty and that no further evidence was necessary to prove the charges leveled against him. It was noted as well that the evidence of the doctor also proved that he had consumed liquor. The Co-ordinate Bench therefore returned a categorical finding that the charges leveled against the appellant-writ-petitioner had stood proved. Vis-a-vis the plea that his past conduct could not have been taken into consideration for determining the penalty, the Co-ordinate Bench held that even dehors the same, the misconduct proved against him on the charges leveled was adequate enough to warrant his dismissal from service, more particularly in view of the fact that he at all relevant times was a member of the disciplined force.