R.Albin Jose v. The Deputy Inspector General

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.11.2022

CORAM:

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE and THE HON'BLE MR.JUSTICE R.MAHADEVAN and C.M.P.(MD) No.10258 of 2022 R.Albin Jose ... Appellant -vs1.The Deputy Inspector General GC, C.R.P.F.

Talegaon, Pune, Maharastra 2.The Commandant 140 Battalion C.R.P.F.

Betbagan, Ambassa, Dhalai Tripura ... Respondents Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 11.08.2022, passed in W.P.(MD) No.18 of 2021, on the file of this Court.

For Appellant :

Mr.K.P.S.Palanivel Rajan, for Mr.S.C.Herold Singh

J U D G M E N T

[Judgment of the Court was made by The Hon'ble ACTING CHIEF JUSTICE] One Alpin Jose has filed this writ appeal challenging the correctness of the order dated 11.08.2022, passed in W.P.(MD) No.18 of 2021, by the learned Single Judge of this Court.

2. At the outset, it is to be noted that the learned Single Judge, taking note of the fact that the appellant of HQ/140 Battalion C.R.P.F., is a known case of Alcoholism with gradual increase in amount of alcohol leading to tolerance and dependence, has agreed with the order dated 23.09.2020, passed by the second respondent herein and dismissed the writ petition.

3. Learned counsel for the appellant although attempted to find fault with the order passed by the learned Single Judge, we are unable to find any error or infirmity in the impugned order for the simple reason that the appellant has been found as a known case of Alcoholism with gradual increase in amount of alcohol leading to tolerance and dependence. Since the appellant was serving in the Reserved Police Force, in which every officials have to maintain good conduct, we are not inclined to show any indulgence to

him to come back to the Police Force. Therefore, finding no error or infirmity in the impugned order or in the order passed by the second respondent, this writ appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

[T.R., A.C.J.] [R.M.D., J.] 04.11.2022 Index :

Yes / No Internet :

Yes / No krk / myr To:

1.The Deputy Inspector General, GC, C.R.P.F., Talegaon, Pune, Maharastra.

2.The Commandant, 140 Battalion C.R.P.F., Betbagan, Ambassa, Dhalai, Tripura.

T.RAJA, A.C.J.

and R.MAHADEVAN , J.

krk / myr and C.M.P.(MD) No.10258 of 2022 04.11.2022