- (1.) BY Court: Heard the learned counsel for the parties. With consent of the learned counsel for the parties, the matter is taken up for final hearing.
(2.) BY way of filing this writ petition under article 226 of the Constitution of India, the petitioner has prayed for quashing and set aside the order of dismissal dated 15.6.98 passed by the Commandant BMP -17, the order of DIG, BMP Southern Zone dated 29.10.98 rejecting the appeal and order of D.G cum -I.G. Of Police whereby review filed by the petitioner has been rejected and also prayed for grant of all consequential benefits. Learned counsel for the petitioner submitted that the petitioner was served with charges as follows; (i) on 18.6.98 at about 2:45 hours while he was out of duty, he was in drunken state and tried to assault S.I. Damodar Singh with stick and threatened him to shoot at him. He was sent to hospital, where the doctor found him in drunken state. (ii) on 5.3.1996 he was in drunken state and he tried to fire at Johan Oraon, but his rifle was snatched by other constable. 1995(6) SCC 157 in support of his argument.
(3.) 2005(3) SCC 134, Judgment of Delhi High Court (Mahender Singh Vs. Govt. of Net of Delhi and Ors) and the judgment of Karnail Singh Ex -Constable Vs. the State of Punjab and Anr.;