High Court Punjab-Haryana High Court

Babu Ram vs The State Of Haryana on 30 March, 2009

Punjab-Haryana High Court
Babu Ram vs The State Of Haryana on 30 March, 2009
                        LPA No.77 of 2008(O&M)                             -1-


IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


                                   CASE NO.: LPA No.77 of 2008(O&M)

                                    DATE OF DECISION: March 30, 2009

BABU RAM                                                 ...APPELLANT

                                 VERSUS

THE STATE OF HARYANA                                     ...RESPONDENT


CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA.
       HON'BLE MR. JUSTICE UMA NATH SINGH.


PRESENT: MR.BRIJENDER KAUSHIK, ADVOCATE FOR THE APPELLANT.


ASHUTOSH MOHUNTA, J.

C.M. No.304 of 2008

There is a delay of 8 days in refiling the present appeal.

For the reasons mentioned in the application, the delay is

condoned.

C.M. No.305 of 2008

There is a delay of 6 days in filing the present appeal.

For the reasons mentioned in the application, the delay is

condoned.

LPA No.77 of 2008

The challenge in this Letters Patent Appeal is to the judgement

passed by the learned Single Judge dated 10.10.2007, vide which the orders

of dismissal from service passed against the appellant have been upheld.

Briefly the facts of the case are that on 1/2.9.1981, the appellant

was posted as Judicial Guard at Jagadhari. The nature of duties was to keep
LPA No.77 of 2008(O&M) -2-

a strict guard on the undertrials who are confined. On the aforesaid date a

checking was done by Dharam Singh, DSP who reported that the appellant

was under the influence of liquor. He reported the matter to the

Superintendent of Police who placed the appellant under suspension w.e.f.

2.9.1981 and he was ordered to be dealt with departmentally. The appellant

was reinstated w.e.f. 21.10.1981, subject to final outcome of the

departmental enquiry against him. The appellant was proceeded against

departmentally and the enquiry officer after recording the statements of Dr.

R.K. Jain, M.O. Civil Hospital, Jagadhari, Dharam Singh, DSP and other

witnesses held that the appellant was under the influence of liquor. On the

basis of report, the appellant was issued a show cause notice by the

Superintendent of Police, Ambala as to why penalty of dismissal from

service be not inflicted upon him. The appellant also led evidence in

support of his case. However, the same was not accepted and he was

ordered to be dismissed from service vide order dated 15.9.1982, passed by

the Superintendent of Police, Ambala. The appeal filed by the appellant

was dismissed by the Deputy Inspector General of Police, Ambala Range,

Ambala Cantt. vide order dated 23.3.1983 and the revision-cum-mercy

petition filed by the appellant was also dismissed by the Director General of

Police, Haryana on dated 18.5.1984. These orders were challenged by the

appellant by filing CWP No.4673 of 1984 which has also been dismissed by

the learned Single Judge.

Counsel for the appellant has submitted that even if the

appellant had consumed liquor, the same cannot be treated to be a grave

misconduct so as to warrant dismissal from service. It is contended by the

learned counsel that the appellant had served for approximately 10 years,
LPA No.77 of 2008(O&M) -3-

therefore, he could have been burdened with a lesser punishment.

We have heard the counsel for the appellant. The appellant was

assigned the duty of standing Judicial Guard which is a very important

Guard duty as he has to oversee the undertrials who are confined in jail. He

has to also ensure that no undertrial escapes. It has been established in the

enquiry report that the appellant was intoxicated and was under the

influence of liquor on the intervening night of 1/2.9.1981. The Doctor and

other witnesses who deposed against the petitioner before the enquiry

officer have stated that the appellant was under the influence of liquor. The

appellant being a member of disciplined force was required to remain alert

and was also required to remain present specially during night time. This

act of the appellant obviously constitutes grave misconduct which stands

established.

In view of the above, we find no ground to impose any lesser

punishment on the appellant and accordingly this Letters Patent Appeal is

dismissed.



                                         (ASHUTOSH MOHUNTA)
                                               JUDGE


March 30, 2009                              (UMA NATH SINGH)
Gulati                                          JUDGE