ASHA MENON,J. - (1.) The petition has been heard by way of video conferencing.
(2.) The petitioner is an Ex-constable of the Central Industrial Security Force (for short, 'CISF') and challenges the various orders arising out of the disciplinary action initiated against him, culminating in his dismissal from service.
(3.) The petitioner was posted at the Plant Company, CISF Unit, NALCO, Damanjodi, Odisha and was assigned duties for the night shift on 25th September, 2017 from 2100 hours to 0500 hours on 26th September, 2017 at EIL Store backside. At the time he had reported for duty to the Control-Room for briefing, he was found to be drunk. He was medically examined at the NALCO Hospital, Damanjodi where the doctor observed "Alcoholic Smell, drunken gait, pupil dilated and Speech Slurred". Consequently, disciplinary action was initiated against him vide Memorandum dated 20th October, 2017. The two Articles of Charge framed against the petitioner were as follows: - ARTICLE OF CHARGE-I "That, No. 092550403 Constable/GD Raju Kolla of 'Plant' Company, CISF Unit NALCO Damanjodi who was detailed for night shift duty on 25.09.2017 from 2100 Hrs. on 25.09.2017 to 0500 Hrs on 26.09.2017 at EIL store back side was found in drunken condition when he reported for briefing of night shift duty personnel. This act on the part of No. 092550403 Constable/GD Raju Kolla tantamounts to gross indiscipline, unbecoming of a member of Armed Force of the Union. Hence, the charge. ARTICLE OF CHARGE-II "That, No. 092550403 Constable/GD Raju Kolla of 'Plant' Company, CISF Unit NALCO Damanjodi has been awarded with 01 Major punishment U/R-36 and 06 Nos. of Petty Punishment under rule 38 of CISF Rules 2001 (Amended Rules 2003) in the past by the disciplinary authorities for his various misconduct and undisciplined acts. Yet No. 092550403 Constable/GD Raju Kolla failed to improve his conduct and remained incorrigible. Hence, the Charge." ;