- (1.) Heard Shri Ajay Bhanot, learned Senior Counsel assisted by Shri Rohit Nandan, learned counsel for the petitioner and Shri H.C. Pathak, learned Chief Standing Counsel for the respondents.
(2.) By means of present writ petition, the petitioner has prayed for quashing the orders dated 27.11.2009, 8.6.2010 and 25.11.2010 and further prayed for direction to the respondents to reinstate the petitioner in service with all consequential benefits including continuity of service, promotions and back wages with interest.
(3.) It appears from the record that the petitioner was appointed as a Constable in the Provincial Armed Constabulary (P.A.C.) of the State of U.P. on 15.7.1989. A disciplinary proceedings were initiated against the petitioner by serving a charge sheet on 10.09.2009. As per the charge no.1 in the aforesaid charge sheet it is stated that the petitioner on 28.04.2009 at 3.00 p.m. was on duty in the 'D' Dal Headquarters, Mathura in the QRT along with Head Constable Komal Singh and three others. The duty of the petitioner was from 2100 hrs. to 2300 hrs on 28.04.2009. The petitioner did not change his duties and was found drinking liquor. The petitioner was taken to the District Hospital, Mathura for examination on 28.04.2009. The Emergency Medical Officer, District Mathura submitted a medical report dated 28.04.2009, which concluded that the petitioner had consumed alcohol.;