AMRESHWAR PRATAP SAHI, J. - (1.) HEARD Sri Amit Saxena learned counsel for the petitioner and the learned standing counsel.
(2.) THE petitioner who is a police constable has been dismissed from service on the charge that during the performance of his official duty he was under the influence of alcohol which resulted in escape of two under trials from his custody. Even though it is not necessary but it would be appropriate to mention that the two under trials were dreaded criminals booked under the Gangster Act. This fact is being stated only to indicate the responsibility which was entrusted to the petitioner. The incident as discussed in the inquiry report indicates that when the petitioner was present in the premises of the District Judgeship Moradabad, the said two under trial prisoners were along with the petitioner who had been handcuffed. They escaped. The inquiry report indicates that the petitioner set up his defence that some hawker had arrived from when the petitioner had a glass of water where after he went unconscious. The state of unconsciousness prolonged was prolonged for a considerably long time to enable the said under trials to escape and when the petitioner recovered from his consciousness he is stated to have made efforts to know about their whereabouts. He thereafter went to the Police Station concerned when they had escaped. However, he deposited the key of the handcuff with the official concerned where after the report was lodged and the matter proceeded.
(3.) FROM the inquiry report it also appears that the petitioner was sent for a medical examination and one Dr. Surendra Singh is stated to have examined the petitioner.The petitioner had been sent along with one constable Bhupendra Chaubey for the said medical examination. The doctor found him to be under the influence of alcohol and the medical report was prepared to that effect.;