- (1.) Heard Mr. R.C. Saxena, learned counsel for the petitioner as well as Mr. Prafulla Yadav, learned Standing Counsel.
(2.) The petitioner has assailed the order of dismissal from service dated 07.05.2011 and consequential orders as also the judgment and order dated 28.02.2013 passed by the State Public Service Tribunal(the Tribunal) in Claim Petition No.106 of 2012 as well as order dated 28.06.2013 passed by the Tribunal on review application no.25 of 2013 filed in the Claim Petition No.106 of 2012.
(3.) The petitioner, in a departmental proceeding, was awarded punishment of dismissal from service. Aggrieved petitioner had filed an appeal, which too was dismissed. Then he filed a claim petition being Claim Petition No.106 of 2012 before the Tribunal, which has resulted into the order impugned. On 25.03.2008 while he was working on the post of Leading Fireman in the Fire Department of the State Government, he was on duty as day officer at Fire Station, Hajratganj, Lucknow. At about 11:45a.m, he was called by Shri Phool Chand Gautam, Fire Officer but he was found absent from duty. This fact was entered into G.D. After lapse of about one hour, he returned in drunken position and when he came to know about the entry of his absence in G.D., he misbehaved with Shri Ashok Kumar Tewari, Fireman and used unparliamentary language and further tried to snatch the G.D. In the medical examination, it was established that he was highly inebriated, therefore, he was placed under suspension by means of order dated 25.03.2008. The petitioner involved to scuffle with Shri Chandra Shekhar Yadav, Fire Officer-II and Shri Ram Lakhan Verma, Leader Fireman and also wrapped the uniform of Shri Chandra Shekhar Yadav. He broken the glass of watch-room by throwing brick.;