- (1.) Challenging orders dated 20.08.2002 and 26.08.2003, the petitioner has approached this Court. Heard the learned counsel appearing for the parties and perused the documents on record.
(2.) A charge-memo dated 10.06.2001 was served upon the petitioner on the allegation that he was involved in a quarrel with passengers in Maruti Van bearing No. BR-16K/6335 and lost his pistol in the process. An enquiry was conducted in which the enquiry officer found the charge proved against the petitioner. On 20.08.2002 the disciplinary authority inflicted the penalty of forfeiture of four increments which would be equivalent to three black-marks. The appeal preferred by the petitioner has been dismissed by order dated 26.08.2003.
(3.) A counter-affidavit has been filed on behalf of the respondents stating as under, 14. That in reply to para 17 of the Writ Petition it is humbly submitted that the three witnesses were examined by the Enquiry Officer and the Petitioner deliberately did not take part in the departmental proceedings to cross-examine two prosecution witnesses, neither he gave any reasonable cause for not doing so. The Answering Respondent further begs to submit that the witness Sri Sunil Kumar who was posted as the then Deputy Superintendent of Police Head quarter-2, Singhbhum East at Jamshedpur, on receiving the information, when reached at Kadma P.S., he found that the Petitioner was in Civil dress and smell of alcohol was coming out of his mouth, and the same was also felt by the Officer-in-Charge, P.S. Sonari, Sub Inspector Anil Kumar Gupta and others that the Petitioner was in drunken condition and in that condition the Petitioner failed to protect his service Revolver. 15. That in reply to para 18 of the Writ Petition it is humbly submitted that the Enquiry Officer concluded that the Petitioner was in drunken condition and held him guilty on all counts and all the charges against the petitioner were proved against the petitioner in totally that he failed to protect his service Revolver and he was carrying his Service Revolver in Civil dress, which he was not supposed to carry, and other charges as mentioned in the charge-sheet.;