- (1.) PRESENT writ petition under Article of the Constitution of India has been preferred against the judgment dated 4.3.2008, passed by the U.P. Public Services Tribunal, Lucknow in the claim petition filed by the petitioner challenging the order dated 23.9.1992 of dismissal from service.
(2.) EARLIER , the petitioner had approached before the tribunal impugning the order dated 23.9.1992 and the tribunal has dismissed the claim petition. Thereafter, the petitioner approached this Court and this Court by judgment and order dated 6.8.1997 had allowed the writ petition No. 21(S/B) of 1998 and remanded back the matter to consider the controversy afresh and now by the impugned order, the claim petition filed by the petitioner has been dismissed, against which the present writ petition. The petitioner, a Constable in PAC, was posted in Kanpur Dehat. His platoon was sent to Bilhaur. Because of delay, on the way, the Company Commander permitted the petitioner and others of the platoon to have their meal in a hotel situated on G.T. Road on 24.2.1992. The allegation against the petitioner is that when he went to take meal in the hotel situated on G.T. Road, he consumed liquor, misbehaved with the owner of the hotel and also misbehaved with his colleagues as well as the Company Commander in the state of intoxication. The petitioner exhibited impertinency on being interrogated by the Company Commander. It is further alleged that on the very next day, i.e. 25.2.1992, he left the headquarter without prior permission of the Company Commander after giving application to the court Moharrir.
(3.) A preliminary enquiry was held by one Shri Udai Pratap, Assistant Commandant, 37th Battalion P.A.C., Kanpur who reported that the petitioner is, prima facie guilty of allegation with regard to consumption of liquor and misbehaviour with his colleagues. The Company Commander by order dated 24.3.1992 directed to initiate disciplinary proceedings against the petitioner in accordance with Sub Section (1) of Section 14 of U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991 (In short, 1991 Rules). A charge -sheet dated 8.4.1992 was served on the petitioner, in response to which he submitted a reply on 18.4.1992. The enquiry officer recorded the statement of the witnesses, Shri Abhai Singh, Company Commander, Constable Ram Gopal, HC Raja Ram Mishra, Sri Udai Pratap, Assistant Commandant, Shri Guru Bachan Singh, Constable Narendra Bahadur Singh, Constable Santosh Kumar Upadhyaya, Constable Jai Prakash Singh, Nai Ram Sewak. The petitioner's statement was recorded in defence and thereafter the enquiry report was submitted by the enquiry officer Shri Kishori Lal, Deputy Commandant on 29.8.1992. The punishing authority being agreed with the finding of the enquiry officer issued a show cause notice to the petitioner on 31.8.1992, to which the petitioner submitted his reply on 7.9.1992 and after considering the reply, final order of punishment dated 23.9.1992 was passed dismissing the petitioner from service.;