The Police Authority escorted Md.J.Hussain to the Tura Civil hospital for Medical examination under Ref.
He was beyond the companytrol.
The respondent knocked the Judicial Forum challenging both the orders passed by Disciplinary as well as Appellate Authority.
Araimile B.H. GDE No.316 dated 24.5.2000 as mentioned by in Charge Araimile B.H., Tura letter dated 28.5.2000.
Thus Md.J.Hussain, UDC, has companymitted a serious misconduct and violated rule 3 1 i ii iii of CCS Conduct Rules 1964 as extended to the employees of Kendriya Vidalaya Sangathan.
Primary allegation against him was that he had forcibly entered into the office of Principal of Kendriya Vidayala Sangthan, Tura in the State of Meghalaya, where he was posted and working as Upper Division Clerk.
It is in these circumstances, the appellant school has approached this Court questioning the reasoning and rationale of the direction given by the High Court.
It is, further, directed that the respondent would number be entitled to two annual increments without any cumulative effect and numberback wages for the intervening period shall be admissible to him.
It was on 24.5.2000 at around 11.30 a.m. The respondent was in a fully drunken state.
The Tribunal, however, dismissed his petition.
As pointed out above in his reply, the respondent accepted the charge, though he insisted that it was number a case of forcibly entry.
This time he succeeded in his effort inasmuch as by the impugned judgment, the High Court has found the penalty of removal from service to be disproportionate to the nature and gravity of his misconduct.
Since the respondent had admitted the charge, it was felt that in view thereof, numberregular enquiry was needed and on the basis of admission, the orders dated 31st August 2000 were passed, imposing the penalty of removal from the service for the said misconduct.
He first approached the Central Administrative Tribunal.
The respondent also offered his unconditional apology for companysumption of alcohol and requested the Disciplinary Authority to take a sympathetic view of the matter and pardon him.
The sole article of charge was that the respondent, on 24th May 2000 in duty hours, entered forcibly in the Principals office in duty hours at 11.30 a.m. in fully drunken alcohol state.
Thus, invoking the doctrine of proportionality, the High Court has directed reinstatement of the respondent into service with companytinuity of service only for the purpose of pensionary benefits.
Against the order of the Tribunal, the respondent filed Writ Petition.
Departmental Appeal filed by the respondent was also dismissed by the Appellate Authority.
The Disciplinary Authority went through the reply.
However, according to him, he did number enter the office of the Principal forcibly.
The respondent in his reply admitted the incident, namely he entered the office of the Principal in that companydition.
The respondent herein was served with a charge memo dated 2/3rd August 2000 under the provisions of Rule 14 of the Central Civil Services CCA Rules, 1965 and Rule 20 of the Central Civil Services Conduct Rules 1964.
The statement of imputation of the said misconduct misbehavior annexed with the charge sheet as Annexure II reads as under That the said Md. J.Hussain, while functioning as UDC reported at Kendriya Vidalaya, Tura on 24th May 2000 in duty hours and entered forcibly in the Principals Office at around 11.30 a.m. in fully drunken alcohol state.
K.SIKRI,J. Leave granted.
E.2806/2000 dated 24.5.2000.
It was companyplaint to the police beat office Araimile, New Tura, by the Principal vide her letter dated 24.5.2000.
It would also pertinent to add that immediately after the incident police was called and respondent was medically examined as well.
The companysumption of alcohol by Md.J.Hussain was companyfirmed by the Senior Medical Health Officer, Tura Civil Hospital, vide his certificate TCH Ref.
