S. P. MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Dismissal of the writ petition declining to interfere with the punishment of dismissal awarded to the Appellant a member of the Central Industrial Security Force (for short 'the CISF'), forms the subject matter of challenge in this appeal.

(2.) The case of the Appellant is that he joined service as a member of the CISF (Constable) on 17.06.1991 and while serving at the Bhilai Steel Plant Unit, Bhilai, put in an application for leave from 10.02.2003 to 24.02.2003 in connection with some function arranged in the family. In the meanwhile, the Appellant was directed to attend the five days' VHF course on 02.02.2003, in response to which an oral request was stated as made on 03.02.2003 to the higher officials not to send him for the VHF course as he was intending to go on leave. This was followed by a representation dated 06.02.2003 (Annexure A/2) submitted to the Inspector General of the CISF. However, the Appellant was served with a charge-sheet dated 20.03.2003 (Annexure A/3) in connection with the disciplinary proceedings intended to be pursued against him. After appointing an Enquiry Officer on 09.04.2003 (Annexure A/4), intimation regarding the enquiry was given to the Appellant on 30.04.2003 (Annexure A/6). On completion of the enquiry, final report was submitted by the Enquiry Officer on 31.05.2003 (Annexure A/9) virtually finding the Appellant guilty of the misconduct levelled against him.

(3.) On forwarding a copy of the enquiry report by the Respondent concerned, reply was submitted by the Appellant on 24.06.2003 (Annexure A/10). But without any regard to the said reply, Annexure A/1 final order dated 16.07.2003 was passed by the 3rd Respondent/Disciplinary Authority whereby the penalty of dismissal from service was ordered. This was sought to be challenged by filing an appeal before the 2nd Respondent, who rejected the same as per order dated 29.09.2003 (Annexure A/11). Though the Appellant took up the matter by filing a revision petition on 04.12.2003 before the 1st Respondent, it did not yield any positive result and the revision petition was dismissed on 12.08.2004 (Annexure A/12).