A.K. Goel, J. - (1.) THE respondent - plaintiff was employed as a Constable in Punjab Police since 1965 and was dismissed from service on the charge that while on duty with Station House Officer, he took liquor during duty hours on 22.2.1978. The dismissal was declared to be void by the lower appellate Court setting aside the decree of the trial Court dismissing the suit. Under an interim order of this Court, the operation of impugned order passed by the lower appellate Court was stayed, but decretal amount was ordered to be paid against security.
(2.) COUNSEL for the appellants argued that the view taken by the lower appellate Court was erroneous, as the order of dismissal has been passed after due enquiry, in which there was no legal infirmity, as was rightly held by the trial Court. Reliance is placed on judgment of this Court in State of Punjab v. Ram Sarup , 1985(2) SLR 369, wherein it was held that the Additional Superintendent of Police was competent to pass the order of dismissal. It is further contended that the consumption of liquor by a constable while on duty has been held to be a gravest act of mis -conduct justifying dismissal. Reliance is also placed on Bihan Singh v. State of Haryana , State of Punjab v. Ram Singh, : AIR 1992 S.C. 2188 and Surat Singh v. State of Haryan , 1994 (1) RSJ 126. I find force in the contention. Accordingly, I set aside the decree of the lower appellate Court and restored that of the trial Court. However, I find that it will not be proper to permit the State to make recovery of the decretal amount, which was ordered to be paid vide an order of this Court dated 26.9.1985. The question whether the respondent was entitled to pension as required under the rules to be specifically settled, which has not been done in the present case. The authorities are directed to consider the said aspect of the matter, having regard to judgment of this Court dated 18.10.2001 in State of Punjab v. Surjit Singh, R.S.A. No. 2356 of 1996, in case the respondent is entitled to any further dues after adjusting the amount already paid, the same will be paid to him within six months. The appeal is disposed of accordingly.;