PETER BARLA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner being aggrieved with the orders dated 3.8.2010 and 9.4.2010 passed by Deputy Inspector General of Police, Coal Range, Bokaro and Superintendent of Police, Dhanbad respectively by which he had been dismissed from service, has approached this Court.

(2.) It has been submitted on behalf of petitioner that he was appointed as Constable in the Gumla District Police Force on 10.7.1999. While he was posted in Chirkunda P.S. in the District of Dhanbad, a memorandum of charge had been issued against him alleging therein that the petitioner in drunken state of mind had given his joining in the Chirkunda P.S. and even on duty he always used to remain in drunken stage and used abusive words due to which image of police became very bad in general public. A regular departmental enquiry had been conducted and the petitioner was directed to appear before inquiry officer. The inquiry officer had given a finding with respect to proving of charge. Thereafter disciplinary authority had accepted the same and passed order of dismissal against the petitioner. The petitioner had preferred an appeal before the appellate authority who had also upheld the order of dismissal.

(3.) The ground for assailing the impugned orders by the petitioner is that the petitioner had not been provided adequate and sufficient opportunity of being heard. It has further been submitted that the petitioner had not been brought before the doctor for his medical examination with respect to proving of charge related to drunken stage of the petitioner. It has also been submitted that in absence of any material on record the finding given by the inquiry officer relating to proving of charge is improper and only on the basis of perfunctory inquiry report the services of an employee cannot be taken away that too by passing the order of dismissal which is a harsh punishment.