The Delhi High Court’s verdict came on July 4.
| Photo Credit: FILE PHOTO
The Delhi High Court has upheld the dismissal from service of a former Central Reserve Police Force (CRPF) constable who misbehaved with a sub-inspector by pointing a magazine-loaded carbine towards him in a drunken state.
A Bench of Justices Suresh Kumar Kait and Neena Bansal Krishna said it agreed with the Centre’s submission that the petitioner had a habit of consuming liquor during duty and a member of the force is expected to be highly disciplined and cannot be permitted to get away with such activities.
Constable Om Prakash, in his plea, contended he had consumed liquor only after he was denied a 15-day casual leave for attending to his ailing wife.
However, the High Court, in July 4 verdict, noted that grant or rejection of leave is the prerogative of the competent authority of the force who, while taking such a decision, might take into consideration other administrative and official factors, besides considering the personal requests of the applicant.
Mr. Prakash had joined the CRPF in 1994 a constable. On October 29, 2008, while on duty in Varipora, Jammu and Kashmir, a departmental enquiry was instituted against him. The inquiry officer submitted that Mr. Prakash was a habitual offender, which is against the proper arrangement of the force, order and discipline, and he misbehaved with Sub-Inspector Babu Lal in drunken state. The disciplinary authority concurred with the findings returned by the inquiry officer and awarded the punishment of “Dismissal from Service” upon Mr. Prakash from February 11, 2008.
In his appeal, Mr. Prakash argued that he had been serving with the force with an unblemished service record and the inquiry officer concluded the investigation proceedings “in an unholy and haste manner to prove the charge on any cost against him”.
However, the High Court observed, “The officer of a force cannot be permitted to rebel the decisions of the competent authority and is expected to deal with it with patience and mind. By pleading that since petitioner’s (Mr. Prakash) leave was rejected, under tension and depression, he consumed liquor; petitioner has admitted before this court that he is unable to handle the strain or stress, which is least expected from an officer of the force.”
“It is not only the medical condition wherein petitioner is found heavily drunk, the situation worsened with petitioner’s pointing of loaded carbine to another officer of the force, which is a blunder on his part. The misconduct committed by the petitioner leaves no scope for leniency towards him,” it added.