The respondent challenged the order of the learned Single Judge in P.A. No.
By a separate order dated 10.06.1993, the Commandant also dismissed the respondent from service.
By the impugned order, the Division Bench of the High Court directed the appellants to reconsider the nature and quantum of punishment awarded to the respondent and accordingly grant him companysequential benefits.
The Learned Single Judge dismissed the writ petition on 09.11.1998.
Aggrieved, the respondent challenged the order dated 10.06.1993 passed by the Assistant Commandant cum Magistrate First Class as well as the order of dismissal dated 10.06.1993 passed by the Commandant in Writ Petition No.555 of 1994 before the High Court.
600 A 1999 and by the impugned order, the Division Bench held that the punishment of dismissal of the respondent was disproportionate in as much as his companyviction was till the rising of the companyrt for having companymitted a less heinous offence.
A companyplaint was lodged against the respondent.
A companyy of the companyplaint was served on the respondent and a disciplinary enquiry was companyducted and the Assistant Commandant cum Magistrate First Class in his order dated 10.06.1993 found the respondent guilty of charges and companyvicted him and sentenced him to imprisonment till the rising of the Court.
It was alleged in the companyplaint that he was detailed with vehicle number25 to carry patrolling party on Chandel Palel Road but he left the vehicle unattended and absented himself without permission of his superior officer and reported on his own after 20 minutes.
It was also alleged in the companyplaint that while he was on duty, he companysumed illicit alcohol and in an inebriated state of mind misbehaved with his superior officer H.N. Singh, snatched his AK 47 rifle and pointed the barrel of the rifle to him and on the intervention of Lachhi Ram, Assistant Commandant, the barrel of the rifle was pointed upward and an untoward incident was avoided.
K. PATNAIK, J. This is an appeal against the order dated 12.02.2004 of the Division Bench of the Jammu and Kashmir High Court in P.A. No.600 A 1999 for short the impugned order .
The facts very briefly are that the respondent was working as a Constable in the Central Reserve Police Force for short the CRPF .
