- (1.) The petitioner, being aggrieved with the orders dated 13.8.2010 and 30.12.2010 passed by the disciplinary and appellate authority respectively, has approached this Court. It has been argued on behalf of the petitioner that the petitioner has been departmentally proceeded by serving him memorandum of charge with respect to commission of irregularity because while on duty at about 11:00 P.M. in the night on 4.6.2010, he came to Magazine Guard in drunken stage and when it was questioned by one Havildar Zakir Hussain he has cocked his rifle. He is also facing departmental proceeding bearing departmental proceeding No. 15/2010 with respect to commission of irregularity in the drunken stage while he was posted at Koderma. It has further been alleged that he was medically examined by the Deputy Superintendent, Sadar Hospital, Koderma who vide memo No. 203 has corroborated the fact that the petitioner was in drunken stage.
(2.) On the basis of the said memorandum of charge, the petitioner has participated in the enquiry but the enquiry officer without any sufficient medical evidence has come to conclusion that the petitioner was in drunken stage. It has further been submitted by the learned counsel for the petitioner that the punishment imposed against him is disproportionate to the allegation. It has further been submitted that even the appellate authority, without taking into consideration all the aspects of the matter, upheld the order of dismissal.
(3.) Learned counsel appearing on behalf of the respondents-State has submitted that the petitioner was habitual in attending the office in drunken stage and for that a departmental proceeding has already been initiated against him being departmental proceeding No. 15/2010. Apart from that, on three earlier occasions also he has been punished. As such, it has been submitted on behalf of the respondents that since the petitioner is a member of Disciplined Force, his attendance in the office in drunken stage is a gross misconduct and the order needs no interference.;