Dr Dhananjaya Y Chandrachud, J
Leave granted.
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 barracks. 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 to show cause was issued on 3
Superintendent of Police, Pithoragarh passed an order of dismissal, holding that the
charge 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 appeal. 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.
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.
In the Special Appeal1 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.
The State of Uttrakhand has challenged the order of the High Court in the
present proceedings.
Notice was issued by this Court on 7 July 2015. The office report
indicates that service is complete. The respondent has not appeared in these
proceedings.
The charge against the respondent was of a serious act 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 that 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
1 Special Appeal No 551 of 2014
law.
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.
(Dr Dhananjaya Y Chandrachud)
(Hemant Gupta) New Delhi; March 15, 2019