MUKESH NIGAM Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
STATE OF UTTARAKHAND
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(1.) Heard Sri Ajay Veer Pundir, the learned counsel for the petitioner and Sri H.M. Raturi, the learned Additional Chief Standing Counsel for the State.
(2.) By means of this writ petition, the petitioner has questioned the correctness of the order dated 1st October, 2008 by which the petitioner was dismissed from service as well as the appellate order dated 12th January, 2009.
(3.) The facts, leading to the filing of the writ petition is, that the petitioner was a Constable and was escorting a convict from the jail to the district court along with another constable. While on the train, the convict made an attempt to escape and jumped from the moving train. The second constable tried to catch him and in his attempt was dragged out from the train by the convict resulting in injuries to the said constable. The petitioner remained on the train watching the situation as a mute spectator and did nothing to prevent or catch the convict. Instead, the petitioner fainted and was subsequently escorted to the hospital where it was found that he was under the influence of some intoxicating substance. On dereliction of duty and consumption of intoxicant while on duty, the petitioner was charge-sheeted. The reply, having not being found satisfactory, the disciplinary authority appointed an Enquiry Officer. The Enquiry Officer issued a charge sheet and a departmental enquiry was conducted. The petitioner was given full opportunity to defend himself and eventually the Enquiry Officer submitted a report holding that the charges stood proved against the petitioner. On the basis of the charge sheet, a show cause notice was issued to which the petitioner submitted a reply. The disciplinary authority, after considering the circumstances of the case and the findings given by the Enquiry Officer and considering all other aspects, issued an order of dismissal. The petitioner, being aggrieved, filed an appeal, which was also dismissed. The petitioner thereafter has filed the present writ petition.;
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