- (1.) Instant appeal is directed against the judgment and order dated 17.04.2009 passed in whereby and whereunder finding no merit the writ application of the appellant was dismissed.
(2.) The short fact of the case is that appellant being a constable serving in Central Reserve Police Force (in short C.R.P.F.) while posted at Ranchi in the year 1996, was served with a charge of committing misconduct for consuming country made liquor before joining duty in Quarter Guard and was found in drunken condition. The further charge was that on 30.06.1996 he absented himself from duty without any permission and continued to remain absent till 03.07.1996. After enquiry, he was found guilty of misconduct and was removed from service. Thereafter, he preferred an appeal before the Inspector General of Police, C.R.P.F. but the same was rejected on 10.02.1997. The appellant preferred writ petition bearing no. C.W.J.C. No.974 of 1998(R) challenging the order of removal from service but the same was disposed of on 05.08.1999 with a liberty to move before the appellate authority with respect to quantum of punishment. It was also observed that if any representation is filed for award of lesser punishment, the appellate authority will determine the same in accordance with law. Against that a L.P.A. was preferred but the same was permitted to be withdrawn. A representation was filed in view of the observation made in the said writ application. However, the representation was filed with a prayer to reduce quantum of punishment imposed upon him but the same was rejected on 11.04.2000.
(3.) Aggrieved by the said order of appellate authority, he again preferred writ application numbered as but met the same fate and was dismissed finding no merit in the application. The appellant challenged the said judgment and order in this appeal on the ground that the charges against the appellant fall under the category of less heinous offence but the punishment imposed upon him was disproportionate to the charges levelled against him.;