- (1.) This petition is directed against an order dated 20.11.1998, dismissing petitioner from service on a charge of proved misconduct as well as its affirmance in Appeal vide order dated 16.5.2001.
(2.) At the very outset, it may be noticed that during the pendency of the writ petition, the petitioner has died and his heirs and legal representatives have been substituted, who have prosecuted the present petition.
(3.) From the material available on record, it transpires that the petitioner was initially appointed as Constable on 20.1.1973 and he continued as such till the order of dismissal was passed against him on 20.11.1998. In 1995, petitioner was posted at Bulandshahar and he was deputed to accompany a police party for carrying cash from Punjab National Bank,Bulandshahar to Reserved Bank of India, Kanpur. On 28.9.1995 while he was present at the Khurja station, petitioner is stated to have consumed liquor between 8.00 to 8.30 P.M., While he had gone out to have his food and thereafter he misbehaved with the sub inspector of the police party as well as with other senior officers of bank. Petitioner is also stated to have aimed his loaded rifle at the sub inspector concerned and in respect of such allegations, initially a fact finding inquiry was conducted in which petitioner admitted that he had an altercation with the sub inspector concerned. Upon prima-facie coming to a conclusion that serious charges of misconduct were made out against the petitioner, regular disciplinary proceedings in terms of Rule-4 of the 'U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991' was initiated with service of charge-sheet upon the petitioner on 29.2.1996. An inquiry proceeded in the matter in which 20 witnesses appeared on behalf of the prosecution. Statement of 18 witnesses were recorded in the presence of the petitioner and the petitioner was also allowed an opportunity of cross examining them. It appears that during the continuance of the proceedings, petitioner was transferred to Uttar Kashi where an application for voluntary retirement moved by the petitioner was accepted on 13.1.1998 but after the fact of pendency of the disciplinary proceedings was brought to the notice of the authority concerned, such order was recalled on 27.1.1998. It further transpires that in respect of 2 witnesses, repeated communications were sent to the petitioner for appearing before the inquiry officer so that their statement could be recorded in the presence of the petitioner but the petitioner failed to respond and as a consequence, their statement was recorded in the absence of the petitioner. In the inquiry proceedings, charges were found against the petitioner and upon the report produced before the Senior Superintendent of Police, a show cause notice was issued to petitioner on 29.9.1998, to which petitioner submitted his reply on 5.11.1998 and the disciplinary authority after considering the reply of the petitioner proceeded to dismiss him from service vide order dated 20.11.1998. Petitioner submitted a representation stating that he may be permitted to seek voluntary retirement and the dismissal order be set aside. An appeal was filed in which various grounds were taken but the same has also been rejected by the Deputy Inspector General of Police, Meerut on 16.5.2000. Thus aggrieved, petitioner has filed the present writ petition.;