Neeraj Tiwari, J. - (1.) We have heard Sri Ashok Khare, learned senior counsel assisted by Sri Siddharth Khare, learned counsel for the petitioner and learned Standing Counsel appearing for State-respondents. Pleadings are exchanged and with the consent of learned counsel for the parties, the writ petition is being decided at the admission stage itself.
(2.) By means of this writ petition, the petitioner is challenging the orders dated 6.8.2009, 5.12.2009 and 10.9.2010 passed by Superintdent of Police, Lalitpur, Deputy Inspector General of Police, Jhansi Range, Jhansi and Additional Director General of Police, Telecommunication, U.P. Police Radio Headquarters, Lucknow respectively.
(3.) The facts of this case in brief are that the petitioner was appointed as constable in civil police on 1.8.1994 and from time to time he was posted at different places. In the year 2008, he was posted at district Lalitpur. However, vide order dated 7.10.2008 passed by Deputy Inspector General (Establishment) U.P. Police Headquarters, Allahabad, petitioner was transferred from district Lalitpur to district Sonbhadra. Pursuant thereto he has joined at the transferred place i.e. Sonbhadra on 14.10.2008. In between transfer and relieving i.e. between 7.10.2008 to 13.10.2008, petitioner was placed under suspension under contemplation of departmental proceeding. Suspension order was passed on the allegation of absuing the persons near District Hospital Lalitpur on 9.10.2008 on account of consumption of liquor. On the same day, he was also subjected to medical examination at District Hospital, Lalitpur. In medical report, it is mentioned that he had consumed liquor but was not in an intoxicated position. It is also stated in the medical report that he was fully conscious, talking and behaving normally. Eyes were normal, reactivite to light and could walk on straight line. However smell was found alcoholic.;