- (1.) (i) To issue a writ, order or direction in the nature of certiorari quash ing the orders dated 5-10-1994, 27-2-1995, 30-4-1996 and 29-5-2003 passed by respondent Nos. 2, 3, 4 and 5 contained in Annexure Nos. 1, 2, 3 and 4 to the writ petition. (ii) To issue a writ, order or direction in the nature of mandamus com manding the respondents to re instate the petitioner on the post of Constable with all consequen tial benefit.
(2.) BRIEF facts of the case are that the petitioner was working as a Consta ble in 46th Battalion, FA. C. Task Force and was posted at Rudrapur. The peti tioner in a drunken state late in the night on 25-5-1994, forcibly intruded into the house of Subedar Major Chamu Singh and mis-conducted by hurling filthy abuses. It was with great difficulty and with the help of certain other members of the Force, the peti tioner could be brought out of the house. The matter was reported in the same night with the Department Authorities and after the preliminary en quiry by the Company Commander, the petitioner was formally charged and in view of his unsatisfactory reply, he was put to a full dress enquiry. The inquiry report was submit ted to the Disciplinary Authority, hold ing the petitioner guilty of mis- conduct. On considering the totality of the mat ter, the impugned order of punishment was passed against the petitioner. The petitioner filed appeal against the im pugned order of punishment (dismissal from service), but the same was dis missed. The petitioner also filed a re vision, but it was also dismissed. The petitioner thereafter filed a claim peti tion before the Public Service Tribunal, Uttaranchal, at Dehradun and Public Service Tribunal also dismissed the claim petition vide judgment and order dated 29-5-2003. Feeling aggrieved by the afore said impugned judgment passed by the Public Service Tribunal, the petitioner has filed this writ petition before this Court.
(3.) THE counter affidavit has been filed by the respondents and it was pleaded that the petitioner intruded into the house of a Senior Officer and indulged himself in using filthy lan guages. It is also pleaded that the peti tioner being a member of disciplined force, miscomputed himself, hence his dismissal from the service was abso lutely justified. We have heard the learned counsel for the parties and perused the record.;