Last Updated on June 15, 2024 by Satish Mishra
Dismissal from a government job is not that easy unless complied with statutory rules , order and principles of natural justice where the delinquent employee is given ample opportunity to take defence.
The matter pertains to dismissal of a Chandigarh Police head Constable who was found drunk on duty and later misbehaved with the truck driver.
The department conducted inquiry and found the employee guilty of misconduct whereby disciplinary authority ordered punishment of forfeiture of two years of approved services for increment purpose with permanent effect.
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The employee was chargesheeted under rule 16.24 of Punjab Police Rules for being in inebriated condition while on duty and misbehave with a truck driver.
The complaint was made by truck driver only.
The enquiry officer conducted the enquiry as per statutory rules and examined witnesses, took statements and appreciated the evidence brought on record.
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When the inquiry was completed , on Dec 1, 2014 employee was given showcase notice as to why the punishment be not be indicted upon him. The employee submitted reply but denied charges taken up by the department.
Finally the punishment forfeiture was announced in December 2014 where the delinquent employee preferred appeal before the appellate authority which too was dismissed.
Now the Employee was before Central Administrative Tribunal (CAT) Chandigarh against the order of dismissal of appeal by the appellate authority .
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The CAT tribunal Chandigarh confirmed the order of appellate court and the employee is meant to loose two years of service benefit for being drunk on duty and improper conduct with the truck driver on whose complaint the inquiry was conducted .
The government servants are expected to act responsible on duty and show the best of conduct in public. This was a blatant display of duty and clear defiance of responsibility .
For act of one individual in police the entire community has to suffer. This decision of authority will keep indiscipline of police authorities in check.
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For any subject specific legal advice on service matters related to departmental enquiry and professional misconduct in CAT Chandigarh , please dial 99888-17966 for LegalSeva.
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