GUWAHATI: The Gauhati High Court refused to grant relief to a constable dismissed from service for entering a church with a rifle under the influence of alcohol. The constable was in the third IR battalion, Assam.
The Aizawl bench of the high court on Tuesday refused to exercise its jurisdiction under Article 226 of the Constitution, stating that it cannot act as an appellate authority over the impugned order.
A bench of justice Michael Zothankhuma held that the disciplinary authority and the appellate authority will have to be considered to be the sole judge of the facts, except when the findings are perverse.
The constable in a written statement admitted his mistake. “He also states that he has no excuse or justification for committing the said wrongful acts. He, however, makes a request to allow him to continue in service by forgiving him, as he has no other means for earning a livelihood,” the judgment stated.