SI EX BIRENDER SINGH Vs. GOVT OF NCTD THROUGH ITS SECRETARY COMMISSIONER OF POLICE

JUDGEMENT

(1.) THROUGH this OA applicant has challenged the punishment of forfeiture of two years' approved service permanently entailing proportionate reduction in pay. His suspension period was also decided as not spent on duty. This punishment was imposed upon applicant vide order dated 29.8.2003 (Annexure A-1) in departmental enquiry initiated against him under Delhi Police (Punishment & Appeal) Rules, 1980, vide order dated 8.7.2002. The following charge was levelled against him:

(2.) The said punishment imposed by the disciplinary authority was not interfered with in appellate order Annexure A-2 dated 12.7.2004.

(3.) THE learned Counsel also relied upon order dated 11.9.2003 in OA No. 2921/2002 - Head Constable Manohar Lal v Union of India and Ors., in which there was an allegation on the applicant of being under influence of liquor. THE applicant therein had stated that he had consumed cough syrup and was not under the influence of liquor. THE medical report had stated that there was a positive smell of alcohol in the breath of applicant. THE Court made following observations: