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REPORTABLE

IN THE SUPREME COURT OF INDIA    CIVIL APPELLATE JURISDICTION

CIVIL   APPEAL No(s).  3152    OF 2019 (Arising out of SLP (C) No.18167 of 2015)

State of Uttarakhand and Ors.   Appellant(s)

                               VERSUS

Prem Ram Respondent(s)

J U D G M E N T  

Dr Dhananjaya Y Chandrachud, J

Leave granted.

In 1987, the respondent joined service as a Constable and was posted in

the District of Pithoragarh, Uttarakhand. While he was posted at Berinag, Uttarakhand

it was alleged that he was found in an inebriated state on 1 November 2006 and was

misbehaving with the public.  He was brought to the police station and was confined to

the barracks. A medical examination was done, which showed that he was under the

influence of alcohol. A charge sheet was issued to the respondent on 24 February

2007.  After  a  disciplinary  enquiry,  the  enquiry  officer  found  that  the  charge  of

misconduct was substantiated. Following this, a notice to show cause was issued on 3

May 2007.  The respondent submitted his reply on 8 May 2017.  On 16 May 2007, the

Superintendent of Police, Pithoragarh passed an order of dismissal, holding that the

charge of drunkenness and misbehavior had been proved. In the writ  proceedings

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instituted by the respondent, on 21 April 2010, the High court disposed of the matter

by relegating him to the remedy of a statutory appeal.  The appeal was dismissed by

the Inspector General of Police, Kumaon Range on 28 August 2010 and a revision

was dismissed by the Additional Director General of Police on 19 May 2011.

The writ petition instituted by the respondent against the order dated 19

May 2011 was dismissed by a single Judge of the High Court on 15 September 2014.

In the Special Appeal1 instituted by the respondent, a Division Bench of the

High Court by its judgment and order dated 30 October 2014 allowed the appeal and

directed that the dismissal from service be converted to compulsory retirement.  The

Division Bench held that the past  conduct  of  the respondent  should not have been

taken  into  consideration  and  that  since  he  had  completed  25  years  of  satisfactory

service in the police department, the punishment of dismissal seems to be excessive.  

The State of Uttrakhand has challenged the order of the High Court in the

present proceedings.

Notice  was  issued  by  this  Court  on  7  July  2015.   The  office  report

indicates  that  service  is  complete.   The  respondent  has  not  appeared  in  these

proceedings.   

The charge against the respondent was of a serious act of misconduct

involving drunkenness and misbehavior with the public.  The fact of intoxication was

duly proved in the medical report.  Having regard to the seriousness of the charge of

misconduct and the fact that the respondent was a member of the police service, we

find no justification for the High Court  to interfere with the order of  dismissal.   The

learned  single  Judge  in  the  judgment  dated  15  September  2014  was  justified  in

dismissing  the  writ  petition.   The  Division  Bench  has  erred  in  allowing  the Special

Appeal.  The order of the learned Single Judge did not suffer from any error of fact or 1 Special Appeal No 551 of 2014

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law.  

We hence allow the appeal  and set aside the impugned judgment and

order  of  the Division Bench of  the High Court  in  Special  Appeal  No.  551 of  2014,

maintaining the order passed by the learned Single Judge dismissing the writ petition.

There shall be no order as to costs.

................................................J .

      (Dr Dhananjaya Y Chandrachud)

...............................................J.                               (Hemant Gupta)

New Delhi; March 15, 2019