S.S. Sodhi, J. - (1.) The petitioner Deep Chand was officiating Head Constable and was posted as Incharge of the Treasury Guard, Palwal, when on Oct. 9, 1973 the Additional Superintendent of Police came to check the Treasury Guard at about 10.45 P. M. that night. The petitioner was not found present there, but he came there soon thereafter and in the opinion of the Additional Superintendent of Police he was smelling of liquor. The Additional Superintendent of Police made an entry to this effect in the minute-book, a copy of which is (Annexure P/1, and thereafter directed the Deputy Superintendent of Police, Palwal to get the petitioner medically examined. The petitioner was then examined by Dr. N. N. Gora, Medical Officer, Civil Hospital, Palwal at midnight that night. It is the case of the petitioner that on examination the doctor found that he had not taken liquor. He did not smell of liquor and he could walk on a straight line. A report to this effect was made by him. The position taken in the return with regard to this matter was that the medical certificate issued by the doctor was not traceable on the record and the contents, therefore, were denied for want of knowledge.
(2.) On Oct. 17, 1973, the Senior Superintendent of Police passed the order (Annexure P/4) reverting the petitioner to his substantive rank of Constable. This was followed by another order of the Senior Superintendent of Police of Oct. 31, 1973 (Annexure P/2) whereby the name of the petitioner was removed from the promotion list 'C-1' with effect from Oct. 30, 1973. An adverse remark was also recorded on the confidential record of the petitioner by the Senior Superintendent of Police Gurgaon on Oct. 17, 1973 which was got noted from the petitioner on Nov. 22, 1973. This was in the following terms:- "There are complaints of drunkenness against him." It was the case of the petitioner that the removal of his name from the promotion list C-1 by the order (Annexure P/2), his reversion from the post of Head-Constable by the order (Annexure P/4) and the adverse remarks recorded on his confidential record (Annexure P-3) where all on account of the incident of Oct. 9, 1973. This action, it was stated, had been taken against him without any notice having been issued to him or enquiry being held, it was pleaded in this behalf that he had reached the treasury premises within minutes of the arrival of the Additional Superintendent of Police from the Police Station where he had gone for getting his uniform turban tied for the function fixed the next day. Great emphasis here was placed upon the report of the Medical officer exonerating him from the charge of drunken-ness. It was thus the contention of Mr. J.L. Gupta counsel for the petitioner that the action taken against the petitioner was penal in nature and in the absence of any opportunity being afforded to the petitioner to show-cause the action taken was illegal and void.
(3.) In the return the case as set up by the respondents was that no opportunity was enjoined to be given to the petitioner by the Senior Superintendent of Police before passing the order removing his name from promotion list C-l. As regards the order reverting the petitioner to his substantive rank of Constable, it was denied that it was based entirely on suspicion that the petitioner had taken liquor on the night of Oct. 9, 1973. It was stated that the petitioner y^as merely an officiating Head Constable and as such had no right to hold the said post. He was reverted purely on administrative grounds without any penal consequences. It could not, therefore, be said that the reversion of the petitioner or the entry in his character roll operated as a punishment. The stand being that this did not cast any stigma on the petitioner nor did it debar him from consideration for promotion in future.;