- (1.) Petitioner is seeking quashing of the order dated 4.6.2010 whereby he has been dismissed from service. The further orders under challenge are the order dated 31.8.2010 rejecting his departmental appeal and the order dated 24.12.2010 rejecting his departmental revision.
(2.) Briefly stated the facts of the case are that the petitioner while posted as Constable in the Civil Police at Police Station Chaubeypur, District Varanasi was served with the chargesheet dated 31.10.2009 (Annexure-2 to the writ Petition). The allegation against the petitioner was that while on duty on 22.10.2008 the petitioner along with Constable Pushkar Singh consumed liquor and thereafter pelted stones on vehicle on road so that glasses of vehicles were broken and the Driver of vehicle also ran away. The allegation against the Constable Pushkar Singh was that he fired with his service rifle in the air. The medical examination of the petitioner and Pushkar Singh was conducted on the same date. It was established that they had consumed alcohol. The incident was of 22.10.2008 at about 1.30 afternoon at the Chandrawati Tiraha Crossing. The petitioner submitted his reply to the chargesheet (Annexure-3 to the writ petition) denying the allegations and stating that in the preliminary enquiry statements of witnesses were recorded behind his back, therefore, he had not been given adequate opportunity to defend himself. Thereafter a full fledged enquiry was held and the Enquiry Officer submitted his report on 18.3.2010 (Annexure-4 to the writ petition) holding the charges proved against the petitioner and Constable Pushkar Singh and in the case of the petitioner recommendation for reduction in pay scale to the minimum for a period of one year has been made. A show cause notice dated 26.3.2010 (Annexure -5 to the writ petition) was issued to the petitioner to which he submitted his reply on 3.6.2010. The petitioner's reply as well as the findings recorded by the Enquiry Officer was considered by the Disciplinary Authority who concurred with the findings recorded in the enquiry and thereafter passed the order dismissing the petitioner from service by the order dated 4.6.2010.
(3.) Aggrieved the petitioner preferred an appeal which was rejected by the appellate authority by the order dated 31.8.2010 (Annexure-11 to the writ petition) and thereafter the petitioner's departmental revision was also rejected by the revisional authority by the order dated 24.12.2010 (annexure-13 to the writ petition).;