In the High Court of Punjab and Haryana at Chandigarh ...... R.S.A. No.616 of 1988 ..... Date of decision:29.8.2011 Ex-Head Constable (now Constable) Bant Ram .....Appellant v. State of Haryana .....Respondent .... CORAM : HON'BLE MR. JUSTICE MOHINDER PAL ..... 1. Whether reporters of local papers may be allowed to see the judgment? 2. To be referred to the reporters or not? 3. Whether the judgment should be reported in the digest? ...... Present: Mr. Pritam Saini and Mr. Rajnish Narula, Advocates for the appellant. Mr. Rajiv Kwatra, Additional Advocate General, Haryana for the respondent. ..... Mohinder Pal, J. This regular second appeal is directed by the plaintiff (appellant herein) against the judgment and decree dated 21.11.1987 passed by the Additional District Judge, Ambala whereby the appeal of the appellant seeking declaration was dismissed. Brief facts of the case are that the appellant was posted as Head Constable in Police lines, Ambala on 6.4.1982. On the relevant date at R.S.A. No.616 of 1988 [2] about 9.30 p.m. he was detected by Constables Chuhar Ram No.1174 and Ram Parkash No.1169 in the corridor of barrack No.2 with a stolen pant belonging to Ram Parkash Constable No.1169. The appellant was under the influence of liquor and he abused both the above mentioned Constables. The matter was reported to Suraj Parkash, Lines Officer, Ambala. Even in his presence the appellant abused the other Constables while under the influence of liquor. The appellant was got medically examined from Civil Hospital, Ambala and was found under the influence of liquor. The matter was reported to Deputy Superintendent of Police Headquarters, Ambala and finally the report had been forwarded to the Superintendent of Police, Ambala. On the basis of these allegations, a departmental inquiry was conducted against the appellant and after completion of the inquiry, the appellant was held guilty of the charge of consuming of liquor and abusing Constables whereas he was exonerated from the charge of stealing pant belong to the other Constable. A show cause notice was served upon the appellant by the Superintendent of Police proposing penalty of dismissal from service. After considering reply and giving him personal hearing, the appellant was dismissed from service vide order dated 11.10.1982. The appeal before the Deputy Inspector General of Police being devoid of merit was also dismissed. After this, the appellant filed revision before the Director General of Police (Inspector General of Police), Haryana, Chandigarh. This revision was disposed of vide order dated 6.2.1984 and while taking a lenient view and length of service of the appellant, the order of dismissal was reduced to punishment by reinstating the appellant, however, reverting him to the rank of Constable. The appellant was not R.S.A. No.616 of 1988 [3] allowed arrears of pay and allowances of dismissal period. Against this order, the appellant (plaintiff) had filed a civil suit seeking declaration that the order dated 6.2.1984 of the Director General of Police reverting him from the rank of Head Constable to the rank of Constable was illegal, unconstitutional and violative of Punjab Police Rules and principles of natural justice. It was pleaded that the Director General of Police was under statutory obligation to serve a notice before reverting the appellant. The suit was contested by the respondent by stating that the impugned order reducing the rank of the appellant was valid and legal. The trial Court framed issues and recorded evidence. It finally came to the conclusion that the act of the appellant in abusing his subordinates under the influence of liquor was a misconduct and accordingly dismissed the suit. The appeal filed against this order was also dismissed and hence the present regular second appeal. While arguing before me, learned counsel for the appellant has submitted that the appellant was involved in a false case and ultimately inquiry resulted into his dismissal was against the established principles and provisions contained in the Punjab Police Rules (as applicable to the State of Haryana). Further, it has been submitted that in appeal, the Director General of Police had reinstated the appellant taking into account his length of service and under these circumstances there was no reason to deny him pay and allowances for the period for which the appellant has remained out of service. On the other hand, learned counsel for the respondent has submitted that the impugned order was valid and legal and no infirmity could be found in the concurrent findings recorded by the Courts below and R.S.A. No.616 of 1988 [4] has prayed for dismissal of the appeal. After hearing the submissions made by both the sides and going through the records, I am of the opinion that the present appeal is devoid of any force and liable to be dismissed. It is true that mere consumption of alcohol does not amount to any misconduct if an official is not on duty. Simply because an employee is found under the influence of liquor without anything more does not to my mind render the employee to any such disciplinary action. However, present is a case in which apart from consuming liquor, the appellant has abused his co-employees, namely, Constables Chuhar Ram and Ram Parkash. When the matter has been reported to Suraj Parkash, Lines Officer, Ambala, the appellant kept on abusing even in his presence. This Court cannot comment upon the second charge regarding stealing of pant of the other Constable. However, creating nuisance while under the influence of liquor itself is a grave misconduct. It was argued by learned counsel for the appellant that the appellant has been falsely implicated in this case. However, this submission is without any basis as the allegations against the appellant are further corroborated from the medical evidence according to which the appellant was under the influence of liquor when he was taken to the hospital and examined by the doctors. Under these circumstances, I do not find any merit in this appeal and the same is dismissed. August 29, 2011. (Mohinder Pal) Judge *hsp*