Samar Bahadur Singh vs State Of U.P. & Ors

3. This appeal is directed against the judgment and order

dated 13.02.2004 passed by the Division Bench of the Allahabad

High Court dismissing the writ petition filed by the appellant

against the judgment and order passed by the State Public

Service Tribunal, U.P., which upheld the order of dismissal

passed against the appellant by the respondents on 11.02.1993.

4. The appellant herein was employed as a Constable in the

Provincial Armed Constabulary (hereinafter referred to as

'P.A.C.')on 15.11.1978. He was posted in IV Bn. P.A.C.,

Allahabad. On 27.10.1991, he was unauthorisedly absent from the

Battalion Headquarter and on that day in the evening he along

with one of his friends grabbed one bottle of liquor from the

wine shop forcibly and also threatened them. With regard to the

aforesaid incident, a criminal case was also registered on the

basis of a complaint filed by the salesman of the wine shop, Sh.

Rajan Lal. The appellant was also medically examined during the

course of which he was found to be under the influence of

liquor. The Doctor has opined that he had consumed alcohol, but

was not intoxicated.

5. The appellant was placed under suspension and a

departmental proceeding was initiated against him. A memorandum

of charges was issued to the appellant as against which he filed

his reply. In the said departmental inquiry instituted against

the appellant, an Inquiry Officer was appointed who conducted

the inquiry and on completion of the said inquiry, submitted his

report finding the appellant guilty of the charges framed

against him.

6. Consequent upon filing of the aforesaid inquiry report,

the Disciplinary Authority, after complying with all the

formalities dismissed the appellant from service by issuing an

order dated 11.02.1993.

7. Being aggrieved by the said order, the appellant filed an

appeal which was considered by the Appellate Authority and by

order dated 30.06.1993, the aforesaid appeal was dismissed.

8. The appellant being aggrieved filed a petition before the

tribunal which was also dismissed. Consequently, the appellant

filed the aforesaid writ petition, which was dismissed and

therefore, he filed the present appeal, on which we have heard

the learned counsel appearing for the parties.

9. Counsel appearing for the appellant has submitted before

us that a criminal case was also instituted for the aforesaid

incident in which he was acquitted and therefore, in the

departmental proceeding also which was initiated he should also

have been acquitted and the same should have been allowed to be

ended in his favour. He further submits that in any case it has

come in evidence that the appellant was advised to take medicine

which he had taken and, therefore, there was some smell of

liquor from the medicine when a medical check-up was done.

Relying on the same, counsel submits that the entire charge is

concocted and therefore, he is required to be held not guilty of

the charge. The next submission of the counsel appearing for

the appellant is that the punishment given to the appellant is

disproportionate to the charges levelled against him.

10. We have considered all the aforesaid submissions in the

light of the records that are available with us. The medical

report which is placed on record indicates that the appellant

had consumed alcohol, but he was not intoxicated. The appellant

was missing from the headquarters on 27.10.1991 from the morning

and he was caught in the case registered under Section 392

I.P.C. in the evening. The appellant wishes to make a defence

that he was advised to take medicine but the prescription which

is placed in the departmental proceedings does not indicate that

any medicine was prescribed in that prescription. The appellant

was arrested in the criminal case in connection with stealing of

a bottle of foreign liquor and even during that time he had

consumed alcohol prior to the incident. These facts have been

brought out in the inquiry proceedings initiated against him in

which the appellant did not participate. Therefore, whatever

allegations have been brought against him, have been proved by

placing cogent materials on record, which go unrebutted due to

his absence in the proceedings. We also find that the appellant

has been charged on the ground of negligence, deriliction of

duty and consuming liquor. The aforesaid facts are found proved

in the departmental proceedings.

11. Acquittal in the criminal case shall have no bearing or

relevance to the facts of the departmental proceedings as the

standard of proof in both the cases are totally different. In a

criminal case, the prosecution has to prove the criminal case

beyond all reasonable doubt whereas in a departmental

proceedings, the department has to prove only preponderance of

probabilities. In the present case, we find that the department

has been able to prove the case on the standard of preponderance

of probabilities. Therefore, the submissions of the counsel

appearing for the appellant are found to be without any merit.

12. Now, the issue is whether punishment awarded to the

appellant is disproportionate to the offence alleged. The

appellant belongs to a disciplinary force and the members of

such a force is required to maintain discipline and to act in a

befitting manner in public. Instead of that, he was found under

the influence of liquor and then indulged himself in an offence.

Be that as it may, we are not inclined to interfere with the

satisfaction arrived at by the disciplinary authority that in

the present case punishment of dismissal from service is called

for. The punishment awarded, in our considered opinion, cannot

be said to be shocking to our conscience and, therefore, the

aforesaid punishment awarded does not call for any interference.

13. In that view of the mater, we find no merit in this

appeal, which is dismissed, but leaving the parties to bear

their own costs.

......................J (Dr. MUKUNDAKAM SHARMA)

......................J (ANIL R. DAVE)

NEW DELHI SEPTEMBER 05, 2011