- (1.) The present petition has been preferred by the petitioner against the order of dismissal from services passed by respondent no.4.
(2.) Counsel for the petitioner submitted that looking to the nature of misconduct, it appears that the punishment imposed upon the present petitioner is grossly disproportionate and therefore, the order of punishment deserves to be quashed and set aside. Counsel for the petitioner has also submitted that departmental appeal, which is preferred by the present petitioner, has been decided without assigning any reasons. Counsel for the petitioner has further submitted that in fact, no misconduct has been committed by the petitioner as alleged by the respondents and hence also, the order of dismissal deserves to be quashed and set aside.
(3.) I have heard learned counsel for the respondents, who has submitted that there is no procedural illegality in conducting enquiry against the present petitioner. Moreover, looking to the nature of misconduct, the quantum of punishment awarded to the present petitioner is absolutely just and proper and cannot be said to be grossly disproportionate or shockingly disproportionate. Moreover, looking to Annexure-A to the counter affidavit, it appears that the petitioner has admitted that he was in drunken condition as on the date of misconduct and he is in habit of taking alcohol. The petitioner is serving in Jharkhand Military Force and therefore, once he is working in a disciplined force, such misconduct cannot be tolerated and hence, the services of the present petitioner has been rightly dismissed.;