PER S.J.MUKHOPADHAYA, ACTG.J. - (1.) THIS appeal has been preferred by the appellant -Commandant, C.I.S.F., Unit H.E.C. Dhurwa, Ranchi, against the judgment and order dated 23rd August, 2003, passed by the learned Single Judge in C.W.J.C. No. 2286 of 1998 (R), whereby and where under, the order of dismissal from service, passed against the 1st respondent -writ petitioner (Deep Singh), as affirmed by the appellate and revisional authorities, has been set aside with a direction to the appellant to reinstate the 1st respondent in service.
(2.) THE brief facts of the case are that the 1st respondent while serving as Constable, at C I.S.F., Unit H.E.C., Ranchi, was proceeded against departmentally under Rule 34 of the C.I.S.F. Rules, 1969 by the disciplinary authority vide Charge Memorandum No.V -15014/HEC/Adm -lll/Maj -25/94 -1307 dated 17th November, 1994 on account of the following charges : "Gross misconduct, indiscipline and carelessness on duty in that while he was detailed for 'C ' shift duty from 2100 hrs on 31 -10 -1994 to 0500 hrs on 1 -11 -1994 at C.T.I. Hostel duty post of HMTP plant with Arm and Ammunition was found sleeping on the floor of his duty post at 2300 hrs on 31 -10 -94 when checked by general checking duty officer Inspector/Exe S.K. Mishra. He was found in intoxicated condition and was smelling alcohol." In the departmental proceeding the delinquent employee was given opportunity in accordance with law and rules of natural justice. The enquiry officer after hearing both the sides and taking into consideration all the relevant evidences on record held both the charges proved i.e. the delinquent was sleeping during duty hours without caring for proper safety of arms and ammunitions and was under the influence of liquor while on duty. The disciplinary authority i.e. Commandant, C.I.S.F., Unit HEC, Ranchi, agreed with the findings of the enquiry officer and dismissed the employee (1st respondent) vide final order dated 15th July, 1995. The appellate authority, in its turn, dismissed the appeal vide reasoned order dated 17/18th November, 1995. The revisional authority also upheld the order of the appellate authority by its detailed order dated 22nd November/4th December, 1997 affirming the order of dismissal.
(3.) THE learned Single Judge, on appreciation of the evidences, disbelieve the allegation and accepted the stand taken by the 1st respondent -writ petitioner and held the order of punishment illegal on the ground that the authorities had not taken into consideration all the aspects and the charges were not so grave, warranting punishment of dismissal from service.;