- (1.) Heard counsel for the parties.
(2.) Challenge in this writ application is to the order dated 12.06.2003 (Annexure-3) passed by the petitioner's disciplinary authority whereby the petitioner was dismissed from service. Challenge also is to the order dated 17.02.2004 (Annexure-5) passed by the appellate authority whereby the appeal filed by the petitioner against the impugned order of his dismissal, has been rejected.
(3.) The petitioner was a constable in the State Police Service. A departmental proceeding was initiated against him on the charge that on 03.08.2002, while he was posted on duty at the eastern gate of Nepal House, Doranda, he was not found present at the place of duty during his duty period. On the contrary, he was found in a drunken condition and on being directed by his senior officer to remain at his place of duty, he abused his senior officer using unparliamentary language. The petitioner was promptly taken away and produced before a doctor at the RIMS for pathological test to confirm that he was under the influence of alcohol. However, the doctor referred him for treatment to the RINPAS.;