RAM SAGAR SINHA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition, the petitioner seeks to quash the order of dismissal dated 30.09.2002 (Annexure - A/8), passed by the Deputy Inspector General of Police (for short "the DIG"), Chhattisgarh Special Armed Forces (for short "CGSAF"), Bhilai. Thereafter, subsequent order passed in appeal confirming the order of the dismissal.

(2.) The indisputable facts, in nutshell, as pleaded by the petitioner, are that the petitioner was appointed as Constable in the Special Armed Force on 31.1.1985. The petitioner was posted at 2nd Battalion, CGSAF, Sakri, District Bilaspur. The petitioner was posted at Samari, Police Station Kusmi, District Surguja. On 01.02.2001, during a roll call, he was absent. There is an allegation that the petitioner abused with filthy language to the Post Commander. A panchnama was prepared and it was found that the petitioner was inebriated.

(3.) The departmental enquiry was initiated on 25.05.2001 vide D.E. No.4/2001. The enquiry officer was appointed and by his report dated 10.08.2001 (Annexure A-3) charge No.1 was held as proved partially and charge No.2 was found proved fully, proposing the minor punishment of stoppage of increment for one year. The petitioner was issued a notice along with an enquiry report on 13.08.2001. The petitioner vide letter dated - nil - submitted his response (Annexure A- 4) denying all the charges and stated that the charges have not been found proved against the petitioner. Thus, the petitioner may be given one more opportunity to serve and prove his conduct.