IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Court’s order whether the case is or not approved fore reporting (Chapter VIII, Rule 32(2) (b) Description of Case W.P No. 265 (S/B) of 2006 Date of decision:- 19-8-2006 A.F.R. (Approved for Reporting) Approved for reporting Initials of Judge Date:- 19-8-2006 Note:- Bench Reader will attach this at the top of the first page of the judgment when it is put up before the judge for signature. HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition no. 265(S/B) 2006 Chandan Ram Tamta S/o Ani Ram Tamta, Resident of village Chapar P.O. Bhujan, Tehsil-Ranikhet, District Almora. ----Petitioner. Versus 1. Public Service Tribunal, Uttaranchal at Dehradun, 2. Public Service Tribunal Indira Bhawan, Lucknow, U.P., 3. State of U.P. through the Secretary, Home Department, Lucknow. 4. Deputy Inspector General of Police, Garhwal Range, Camp Office Dehradun, 5. Superintendent of Police, Uttarkashi, District Uttarkashi. ----Respondents. Mr. K.N. Joshi, learned counsel for the petitioner. Sri N.B. Tewari, learned Addl. Advocate General for the State/respondent nos. 1, 4 & 5. Smt. Beena Pandey, learned Standing Counsel for State of U.P./Respondent no. 2 & 3. Coram:- Hon’ble M.M. Ghildiyal, J. Hon’ble J.C.S. Rawat, J. Judgment per (Hon’ble J.C.S. Rawat, J.) 1. Heard Sri K.N. Joshi learned counsel for the petitioner, Sri N.B. Tewari learned Addl. Advocate General for the State/respondent nos. 1, 4 & 5 and Smt. Beena Pandey learned Standing Counsel for State of U.P./respondent no. 2 & 3. 2. The present writ petition has been filed for the following reliefs:- i. Issue a writ, order or direction in the nature of certiorari quashing the impugned orders dated 13.05.1995, 17.02.1996, 15.10.1999 and 31.05.2006 (annexure no. 4,6,10 and 13 to the writ petition), passed by the respondents, ii. Issue a writ, order or direction in the nature of mandamus directing the respondents to reinstate the petitioner in service with all consequential benefits, iii. Issue any other order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case, iv. Award the costs of petition. 3. The petitioner was working as constable in the police department. He was posted on seasonal duty in district Uttarkashi in the year 1992. It was alleged that on 24.08.1992 at about 10:30 am at police lines Uttarkashi he was indulged in unpleasant manner and he has also misbehaved in the police barrack. He also used the filthy language while he was in a drunken stage. When the Line Inspector, police lines, Uttarkashi asked him not to indulge in such unbecoming conduct, the petitioner also misbehaved with him. 4. The matter was thereafter reported to the higher authorities and a preliminary inquiry was conducted against the petitioner. A report was submitted by the Inquiry Officer in which it was found that the petitioner was indulged in the unpleasant manner after taking liquor and he also used abusive language with his superiors in the police barracks on the aforesaid date, time and place. A prima-facie case of misconduct was made out in the preliminary inquiry against the petitioner. Consequently, the petitioner was placed under suspension. 5. In the departmental inquiry, the charges were framed against the petitioner and a show cause notice was issued to him. The inquiry was conducted against the petitioner by the I.O. Ultimately, the Inquiry Officer submitted its report on 13.03.1995 on the basis of the material before him. The Inquiry Officer held that the petitioner had consumed liquor on the relevant date and time and he was indulged in the unpleasant manner and he also used the filthy language in the state of intoxication. The Inquiry Officer accordingly found him guilty to the charges leveled against him. Thereupon, the Disciplinary Authority served a show cause notice upon the petitioner. The Competent Authority thereafter, passed order of dismissal on 18.05.1995 and the petitioner was also declined balance of salary other than the subsistence allowances during which the petitioner remained under suspension. 6. Feeling aggrieved by the order of dismissal passed by the Disciplinary Authority, the petitioner preferred an appeal before the Dy. Inspector General of Police and the appeal was dismissed vide order dated 17.02.1996. Feeling aggrieved by this, the petitioner filed a claim petition before the Public Service Tribunal, Lucknow challenging the order of dismissal passed by the Competent Authority and the charge-sheet served upon him on the ground that he was charge-sheet on the fictitious allegations as no such incident took place on the relevant date in the police barrack and further prayed that the entire disciplinary proceedings have been made in violation of principles of natural justice. 7. The learned Tribunal, having heard the parties, dismissed the claim petition vide its order dated 15th October 1999. The petitioner also filed a Review Petition before the Public Service Tribunal and after due consideration, the said review petition was also dismissed on 31.05.2006. Feeling aggrieved by the said orders, the present writ petition has been filed before this Court. 8. The petitioner has only challenged the quantum of the punishment before us. Learned counsel for the petitioner has vehemently contended that the punishment of dismissal is not commensurate with the gravity of the charges leveled against the petitioner. On the other hand, learned Addl. Advocate General for the State has refuted the contentions advanced by the learned counsel for the petitioner. 9. The Inquiry Officer came to the conclusion that the petitioner had consumed liquor at the relevant date and time; the petitioner also misbehaved with the Line Inspector when he tried to exhort the petitioner and accordingly the Inquiry Officer found the petitioner guilty of the charges leveled against him. Thereafter, the Competent Authority awarded punishment of dismissal against the petitioner, after affording opportunity of hearing to him. 10. It is amply established that the petitioner had consumed liquor on the relevant time and place mentioned aforesaid and he was indulged in an unbecoming behavior. On being medically examined, he was found in the state of intoxication by the medical officer. These salient factors are utterly undisputed as the petitioner has not challenged his indulgence and involvement in the unbecoming behavior and misconduct with his superiors in the state of intoxication on the relevant date, time and place. 11. In the case of Govt. of Tamil Nadu Vs. S. Vel Raj 1997 (1) Supreme 387, the constable was sent for official duty and he returned from the duty to the police station in a drunken stage. He consumed Ark (intoxicant substance). His act was recorded as misconduct. The Hon’ble Apex Court held that the police force is supposed to be a disciplined force. Its members should behave in discipline manner, particularly when the police personnel is on duty. The punishment of dismissal was not found excessive. In the case of Govt. of A.P. & others Vs. Mohd. Nasrullah Khan 2006 (2) SCC 373, one head-constable of police was assigned the bandobast duty at the office of a software company at the time of visit of the President of USA. It was alleged that the head constable while on duty had removed a CCTV lens from the office and concealed the same. A detailed inquiry was conducted against the head constable and the inquiry officer submitted his report holding that the charge against the head constable of theft of CCTV lens had been proved. Having regard to the serious nature of delinquency committed by a member of the disciplined force, the inquiry officer proposed that the head constable be awarded with a stringent punishment to meet the ends of justice. The head constable preferred a writ petition before the High Court and the High Court quashed the order of dismissal and the head constable was reinstated in service. But, when the matter came up before the Hon’ble Supreme Court it has been held that the inquiry officer was justified in taking the view that the charges were serious in nature, being committed by a member of a disciplined force, who deserved stringent punishment. Ultimately, the Hon’ble Supreme Court while allowing the appeal set aside the order of the High Court. 12. It is pertinent to mention here that it is well settled principal of law that while dealing with the writ petitions filed against the dismissal of an employee or the members of police forces, the Court on judicial review cannot act like as appellate authority. Judicial review is not an appeal from a decision but a review of the manner in which the decision is made. Power of judicial review is meant to ensure that the individual receives fair treatment and not to ensure that the conclusion which the authority reaches is necessarily correct in the eye of the court. When an inquiry is conducted on charges of misconduct by a public servant, the court is concerned to determine whether the inquiry was held by a competent authority or whether rules of natural justice are complied with. When the authority accepts that evidence and conclusion receives support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge. The court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to arrive at its own independent findings on the evidence. The court may interfere where the authority held the proceedings against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding reached by the disciplinary authority is based on no evidence. 13. It is pertinent to mention here that the petitioner was a member of the Civil Police Force and it is supposed that the members of the civil police forces would maintain the discipline. Every member of it requires strict observance of its disciplined rules and regulation. None can be allowed to violate the discipline of the force. The unbecoming and unsavory behavior of a member of a force, in the state of intoxication during the course of the day, is serious matter and it could not be lightly swept away. The learned Tribunal was justified in not interfering with the punishment of dismissal of petitioner in these facts and circumstances of the case. 14. In view of the aforesaid discussions we are of the considered view that the Disciplinary Authority has rightly passed the order of dismissal. We do not find any force in the argument advanced by the learned counsel for the petitioner. We are entirely agree with the findings of the inquiry officer that the charges are of serious in nature, being committed by a member of a discipline force, who deserved 21stringent punishment. To instill the confidence of the public in the establishment, the only appropriate punishment in such cases is dismissal from service, which has been correctly awarded. Therefore, the petition is devoid of merit and is liable to be dismissed. 15. Accordingly, the writ petition is dismissed. No order as to costs. (J.C.S. Rawat, J.) (M.M. Ghildiyal, J.) August 19,2006: NCM/LSR: