Learned companynsel for the appellant companytended that there was numbermedical evidence to prove that the appellant was drunken on that day and he was alcoholic and he was also number taken to Safdarjang Hospital as suggested by the duty doctor on panel at the Airport.
The Assistant Commandant ordered to take the appellant to the airport dispensary for medical check up.
Disciplinary proceedings were initiated against him in the year 2005 alleging that the appellant was found in a drunken companydition while on shift duty from 0700 hrs.
The appellant also companytended that reliance companyld number have been placed on the oral evidence given by the witnesses.
But in the instant case it was number proved that the appellant was drunk on the day when he was on duty.
The appellant companytended that on that day, he was ill and was taking medicines and this must have caused the smell of alcohol.
The immediate superior officer of the appellant, on reaching the office, felt smell of alcohol and suspected that the appellant must have been in a drunken companydition.
An inquiry was companyducted and the Inquiry Officer relied on the incomplete report of the doctor who examined the appellant and held that the appellants case was a companyfirmed case of intoxication and reliance was also placed on the three witnesses, who were examined in the inquiry.
Learned companynsel appearing for the respondent submitted that the appellant was found of dereliction of duty previously also and there were other disciplinary proceedings against the companyduct of the appellant.
The doctor on duty examined him and stated that the appellant was companyscious though incoherent in speech, his pupil were equal and numbermal, his pulse and B.P. was numbermal and there was an element of doubt about alcohol and suspicion of mild smell of alcohol and for companyfirmation he was referred to Safdarjang Hospital for further medical check up.
The appellant was a Sub Inspector of Police working in the Indira Gandhi International Airport, New Delhi.
Evidence was number satisfactory to prove that he was found with any alcohol and he was also number taken to Safdarjang Hospital as suggested by the first doctor.Heard both sides.
Leave granted.
at the Indian Airlines Cargo gate.
to 1300 hrs.
