Pramath Patnaik, J. - (1.) In the instant writ application, the petitioner has inter alia prayed for quashing of letter dated 21.08.2008 passed by respondent no.5 pertaining to dismissal from services.
(2.) Sans details, the facts, as stated in the writ application, is that the petitioner while continuing his service on the post of Constable at Gola Police Station, District Ramgarh, Jharkhand Armed Police-6, an allegation has been made against him that he was disturbing the police camp in an inebriated condition. In pursuance to the charges levelled against the petitioner, the petitioner was suspended by the respondent vide order dated 19.06.2008. Thereafter, a departmental proceeding has been initiated against the petitioner. The Charges levelled against the petitioner has been enquired into by the conducting officer and on the basis of the evidences collected during enquiry, the enquiry officer has found the allegations against the petitioner to have been proved. Thereafter, the copy of the enquiry report was supplied to the petitioner for filing reply to prove his innocence. The disciplinary authority basing on the findings of the enquiry report has been pleased to pass the impugned order dated 21.08.2008. Being aggrieved by the order passed by the disciplinary authority, the writ application has been filed by the petitioner invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of India for redressal of the grievances.
(3.) Learned counsel for the petitioner has submitted with vehemence that the disciplinary authority without considering the evidences of Witness Nos.4, 5, 6 and 8 in a very cavalier fashion has established the guilt of the petitioner and on that score, the impugned order of punishment is liable to be set aside. Learned counsel for the petitioner further submits that the factum of petitioner being under intoxication has not been proved by the pathological evidence so in absence of any pathological evidence it cannot be conclusively proved that the petitioner was in intoxicated condition. In this regard, learned counsel for the petitioner has brought to the notice of this Court the decision of the Hon'ble Apex Court (Munna Lal vs. Union of India & Ors., 2010 15 SCC 399) wherein the Hon'ble Apex Court has been pleased to hold that even though there is element of doubt about the presence of alcohol and a mild smell of alcohol without medical check up, charge could not be satisfactorily proved.;