SATYA RAM SINGH Vs. DISTRICT MAGISTRATE KANPUR DEHAT

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India, it is prayed that the order dated 27.1.1994. Annexure 7, passed by the respondent, removing the petitioner from service, be quashed and direction be issued to the respondent to reinstate him in service along with all consequential benefits.

(2.) Counter and rejoinder-affidavits have been exchanged. Heard learned counsel for the petitioner as well as learned standing counsel.

(3.) The facts of this case He in a narrow compass. The petitioner was admittedly appointed as a Driver in the Revenue Department of Kanpur Dehat in the year 1991. At the relevant point of time, he was posted on the staff car of the District Magistrate. Kanpur Dehat. On 9.12.1993, an ugly incident took place. There was a conference of the Government Officers, which was organised at Meghdoot Hotel. Kanpur on 9.12.1993. The petitioner had taken the District Magistrate, Kanpur Dehat in the staff car to Hotel Meghdoot. It is alleged that the petitioner had taken liquor while being on duty and in a drunken state, misbehaved with the Manager and other employees of the hotel. The petitioner's behaviour was found to be unbecoming of a Government servant as he had incited the other drivers of the vehicles who had collected outside hotel Meghdoot to indulge in abusive language. A departmental enquiry was instituted against the petition at and a charge-sheet was served on the petitioner, to which he submitted his reply. The charges against the petitioner were proved. A show cause notice along with report of enquiry was served on the petitioner and ultimately, by the impugned order dated 27.1.1994 (Annexure 7 to the writ petition), the appointing authority, i.e.. District Magistrate. Kanpur Dehat removed the petitioner from service.