Intoxication while on duty a serious act of misconduct: SC

A bench of Justice DY Chandrachud and Justice Hemant Gupta quashed a decision of the Uttarakhand High Court granting relief from dismissal to constable Prem Ram.

The Uttarakhand government had told the top court that Ram, while posted at Berinag in Uttarakhand, was found in an inebriated state on November 1, 2006.

Ram was brought to the police station and confined to the barracks. A medical examination was done which showed that he was under the influence of alcohol. Later, a disciplinary inquiry was initiated.

On May 16, 2007, the Superintendent of Police, Pithoragarh passed an order dismissing Ram from service. Ram then challenged the decision before a single Bench of Uttarakhand High Court but failed to get any relief. He then appealed against the decision before the larger bench of the High Court.

The division bench of the High Court converted the dismissal from service to compulsory retirement taking into consideration that Ram had completed 15 years of satisfactory service in the police department.

Aggrieved by the order, the Uttarakhand government had moved the apex court.

"The charge against the respondent (Ram) was of a serious act of misconduct involving drunkenness and misbehavior with the public," the apex court said.

The order of the top court further added, "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.