- (1.) Heard learned Counsel for the petitioner.
(2.) The petitioner was a Police Constable in the Uttar Pradesh Police Service. The petitioner has been dismissed and the revisional orders arising out thereof are subject matter of controversy before this Court which have been challenged by the petitioner on the ground that the respondent authorities have failed to prove the charge of intoxication on the petitioner and even otherwise keeping in view the gravity of the charge the punishment of dismissal/removal is disproportionate.
(3.) The facts which are undisputed are that on 29th July, 2006 the petitioner was on guard duty at the State Bank of India Main Branch Ghazipur. While on duty a shot was fired from the rifle of the petitioner that caused an alarm and the other guards on duty including the head guard came to the spot and enquired about the same. They immediately telephoned the concerned Circle Officer who also arrived at the spot whereafter suspecting the petitioner to be under the influence of alcohol, he was immediately sent for medical examination to the Government Hospital. The petitioner was medically examined and the concerned doctor during the enquiry deposed that the petitioner was examined by him who was in his senses but the smell of alcohol from his mouth was clearly decipherable at the time of medical examination. Based on the said charge and the evidence aforesaid as well as the statement of the other constables the petitioner was subjected to the enquiry and finding was recorded that the petitioner was guilty of having consumed alcohol during duty hours which was gross indiscipline. Consequently the petitioner was issued a show cause notice whereafter he was dismissed from service by the impugned order dated 31st January, 2007. An appeal filed against the same and a revision thereafter have failed whereafter the present writ petition has been filed.;