- (1.) Rejoinder affidavit has been filed today on behalf of the petitioner. The pleadings are, thus, complete in the present Writ Petition. With the consent of the learned counsel for the parties, the Writ Petition is being disposed of at this stage.
(2.) The present Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India making the following prayers: "(i) issue a writ, order or direction in the nature of certiorari quashing the order dated 10.10.2006 passed by the State Public Services Tribunal, Lucknow (Annexure-13 to the writ petition). (ii) issue a writ, order or direction in the nature of certiorari quashing the order dated 17.8.95 passed by the Superintendent of Police, Badaun; the order dated 29.4.97 passed by the Dy. Inspector General of Police, Bareilly Range, Bareilly and order dated 25.9.98 passed by the Inspector General of Police, Bareilly Zone, Bareilly (Annexure 6,8 & 10 to the writ petition). (iii) issue a writ, order or direction of a suitable nature commanding the respondents to reinstate the petitioner in service with all consequential benefit, continuity of service, seniority, arrears of salary and promotion etc. within a period to be specified by this Hon'ble Court. (iv) issue a writ, order or direction in the nature of which this Hon'ble court may deem fit and proper under the circumstances of the case. (v) award cost to the humble petitioner throughout of the present writ petition."
(3.) It appears that the petitioner was working on the post of Constable in Civil Police. At the relevant time, he was posted at Police Station Civil Lines, District - Badaun. A charge-sheet dated 2.5.1994 was served on the petitioner, interalia, alleging that in the morning of 5.9.1993 while posted on the post of Constable in Police Station, Civil Lines, District- Badaun, the petitioner,in uniform, was found lying in a drain in intoxicated state near the first gate of S.K. Inter College, Badaun; and that Sub-Inspector A.L. Dohare, Constable Raj Kishore and Constable Sarvesh Singh alongwith the Driver of the Government Jeep, Jagmohan, were on duty in the area for maintenance of law and order, and they found the petitioner in his uniform lying in the drain, and they took-out the petitioner from the drain, took him to the Police Station, Civil Lines for completing formalities and then got the petitioner examined by Doctor in the District Hospital, Badaun, whereby it was confirmed that the petitioner had consumed alchohal; and that the petitioner was guilty of gross negligence, indiscipline and failure in the discharge of his duties.;