RAVINDRA SINGH Vs. STATE OF U P AND OTHERS
HIGH COURT OF UTTARAKHAND
State Of U P And Others
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(1.) Heard Mr. Manoj Sah, Advocate for the petitioner, Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand and Ms. Beena Pande, Standing Counsel for the State of Uttar Pradesh.
(2.) This is a second round of litigation for the present petitioner before this Court. The matter pertains to his dismissal from the services in the erstwhile State of Uttar Pradesh. The petitioner was appointed as a constable on 1.6.1983 in Uttar Pradesh Civil Police. While he was on duty at G.R.P., Agra on 13.9.1991, it was found in the morning parade that the petitioner "was smelling of liquor". The matter was referred to the doctor and he was examined by the doctor who gave a report that the petitioner is not under intoxication but he does smell of liquor.
(3.) The petitioner faced a disciplinary proceeding and vide order dated 26.8.1993 the appointing authority passed an order recommending the punishment of stoppage of two increments. Thereafter, the superior authority suo moto gave another notice to the petitioner regarding the same charges and the petitioner was called to give his reply. The petitioner in turn demanded certain documents, which according to the petitioner were not supplied to him and thereafter without affording a proper opportunity of hearing to the petitioner, his services were terminated vide order dated 31.10.1993. He filed an appeal against the order dated 31.10.1993 before the Deputy Inspector General of Police, Kumaon Mandal Nainital, which was also dismissed vide order dated16.5.1994. Thereafter he also went to the Public Services Tribunal, Lucknow by filing a Claim Petition being Claim Petition No. 2327 of 1994 which after the creation of the State of Uttarakhand, was transferred to the Uttarakhand Public Service Tribunal, Dehradun and renumbered as Claim Petition No. 92/T/2006. The said claim petition was dismissed by the Public Service Tribunal vide order dated 2.4.2009.;
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