Samaresh Banerjea, J. - (1.) The present appeal has been preferred by the Deputy Inspector General of Police, Traffic and Railways, Superintendent of Police, Government Railway Police and State of West Bengal, against the judgement and order dated 24th June, 1992, passed by K.M.Yusuf, J. (as his Lordship then was) in C.R. 5519(W) of 1977 whereby the learned Judge has allowed the writ application and set aside the final order of dismissal, and the petitioner has been directed to be re-instated in service.
(2.) The petitioner was a constable in the Government Railway Police, A disciplinary proceedings was initiated against the petitioner on the following charges : 1. On 4.1.75 at about 19-40 hrs. you in uniform and with a lathi in hand though you were off duty at that time behaved in a rowdy manner and shouted calling people names under the influence of alcohol in a public place like the III/I class waiting hall of Howrah Railway Station and this invited bitter public criticism on the entire Police force. 2. On the same date and at the same time and place you dragged one Shyamal Roy S/O Lt. Sudhir Roy of 69, Bartala Chakpara, Liluah, Howrah, by the collars of his wearing shirt and attempted to assault him without any provocation and for no fault of that person. 3. On the same date and at the same time and place you demanded illegal gratification from one Shyamal Roy, S/O Lt. Sudhir Roy of Bartala, Chakpara, Liluah,Howrah, whom you wrongfully confined for setting him at liberty. 4. On the same date and at the same time and place you being detected by P.W.(i) and other members of the police force while committing the mis deeds mentioned in charges 1 to 3 above, were sent to Howrah General Hospital for medical examination at 8 P.M. and where you are admitted for suspected alcohol poisioning. But you had to be discharged from hospital at 9.1P P.M. on the same date by the D.M.O. Howrad, with advice to keep you in people lock up under the police custody as you were shouting in the ward and rebuking all female sisters and staff, refused to lie down in the bed and prevented by force introduction of stomach tube. You are hereby directed to report in writing within 7 days from the date of receipt of this charges if you plead guilty to the charges or desire an enquiry to be held as also if you want to be heard in person.
(3.) The Enquiry Officer submitted report finding the petitioner guilty of mis-conduct .;