STATE OF PUNJAB Vs. RAM SINGH EX CONSTABLE

JUDGEMENT

(1.) Special leave granted.

(2.) Sri Harbans Lal, lcarned Senior Counsel for the respondent, did not canvass before us that the enquiry was vitiated for any infraction due to non-supply of the copies of the statements or the Inquiry Officers participation in the examination of the witnesses. The finding that there is no violation of the procedure laid down in Rule 16.2(4) and the Government instructions dated October 16, 1972, thus remained unquestioned. The finding that the respondent was heavily drunk on that day while on duty and that he was caught while wandering in the market with service revolver and when he was taken into custody by the traffic constable and was sent to the doctor, he abused the doctor on duty in the hospital, was not canvassed. The only question on those facts is whether the conduct of the respondent is gravest misconduct within the meaning of Rule 16.2(1) of the Rules, which reads thus:-

(3.) The contention of Sri Harbans Lal is that taking alcoholic drink as such is not a misconduct. The solitary act of drinking alcohol per se is not gravest misconduct. The respondent had put in 17 years unblemished record of service. Had he not been dismissed from service within two or three years, he would have qualified for pension; without taking these factors into consideration, the disciplinary authority or the appellate authorities have violated the mandatory requirements. Therefore, awarding the punishment of dismissal from service is vitiated by manifest error of law violating Rule 16.2(1) of the Rules.