State of Uttarakhand and Ors. v. Prem Ram
DR DHANANJAYA Y CHANDRACHUD, J.
1. Leave granted.
2. In 1987, the respondent joined service as a Constable and was
posted in the District of Pithoragarh, Uttarakhand. While he was posted
at Berinag, Uttarakhand it was alleged that he was found in an inebriated
state on 1 November 2006 and was misbehaving with the public. He
was brought to the police station and was confined to the barr acks. A
medical examination was done, which showed that he was under the
influence of alcohol. A charge sheet was issued to the respondent on 24
February 2007. After a disciplinary enquiry, the enquiry officer found
that the charge of misconduct was substantiated. Following this, a notice
497
to show cause was issued on 3 May 2007. The respondent submit ted
his reply on 8 May 2017. On 16 May 2007, the Superintendent of Police,
Pithoragarh passed an order of dismissal, holding that the cha rge of
drunkenness and misbehavior had been proved. In the writ proceedings
instituted by the respondent, on 21 April 2010, the High court disposed of
the matter by relegating him to the remedy of a statutory a ppeal. The
appeal was dismissed by the Inspector General of Police, Kumaon Range
on 28 August 2010 and a revision was dismissed by the Additional Director
General of Police on 19 May 2011.
3. The writ petition instituted by the respondent against the order
dated 19 May 2011 was dismissed by a single Judge of the High Court
on 15 September 2014.
4. In the Special Appeal 1 instituted by the respondent, a Division
Bench of the High Court by its judgment and order dated 30 October
2014 allowed the appeal and directed that the dismissal from service be
converted to compulsory retirement. The Division Bench held that the
past conduct of the respondent should not have been taken into
consideration and that since he had completed 25 years of satisfactory
service in the police department, the punishment of dismissal seems to
be excessive.
5. The State of Uttrakhand has challenged the order of the High
Court in the present proceedings.
6. Notice was issued by this Court on 7 July 2015. The offi ce
report indicates that service is complete. The resp ondent has not
appeared in these proceedings.
7. The charge against the respondent was of a serious a ct of
misconduct involving drunkenness and misbehavior with the public. The
fact of intoxication was duly proved in the medical report. Having regard
to the seriousness of the charge of misconduct and the fact t hat the
respondent was a member of the police service, we find no justification
for the High Court to interfere with the order of dismissal. The learned
single Judge in the judgment dated 15 September 2014 was justified in
dismissing the writ petition. The Division Bench has erred in allowing
the Special Appeal. The order of the learned Single Judge did not suffer
from any error of fact or law.
1Special Appeal No 551 of 2014
STATE OF UTTARAKHAND AND ORS. v. PREM RAM
[DR DHANANJAYA Y. CHANDRACHUD,J.]
8. We hence allow the appeal and set aside the impugned judgment
and order of the Division Bench of the High Court in Special Appeal No.
551 of 2014, maintaining the order passed by the learned Single Judge
dismissing the writ petition. There shall be no order as to costs.
Divya Pandey Appeal allowed.