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 companyverted to companypulsory retirement.
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.
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.
On 16 May 2007, the NEELAM GULATI Date 2019.03.27 102707 IST Reason Superintendent of Police, Pithoragarh passed an order of dismissal, holding that the charge of drunkenness and misbehavior had been proved.
A charge sheet was issued to the respondent on 24 February 2007.
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.
After a disciplinary enquiry, the enquiry officer found that the charge of misconduct was substantiated.
Following this, a numberice to show cause was issued on 3 Signature Not Verified Digitally signed by May 2007.
In the writ proceedings instituted by the respondent, on 21 April 2010, the High companyrt disposed of the matter by relegating him to the remedy of a statutory appeal.
Notice was issued by this Court on 7 July 2015.
The State of Uttrakhand has challenged the order of the High Court in the present proceedings.
The charge against the respondent was of a serious act of misconduct involving drunkenness and misbehavior with the public.
He was brought to the police station and was companyfined to the barracks.
A medical examination was done, which showed that he was under the influence of alcohol.
The respondent submitted his reply on 8 May 2017.
In 1987, the respondent joined service as a Constable and was posted in the District of Pithoragarh, Uttarakhand.
Dr Dhananjaya Y Chandrachud, J Leave granted.
