RAVINDER KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) At the very outset, learned counsel for the respondents/UOI would submit that entire record was traced but they could not lay hand despite all efforts, therefore in view of that, the case would be adjudicated on the basis of the documents available in the case.

(2.) The petitioner has challenged the orders dtd. 06/08/2004, 03/06/2005 and 02/01/2006 whereby he has been found guilty in the departmental enquiry conducted and thereafter, the petitioner was removed from service. Having preferred the appeal and subsequent revision, both were too dismissed.

(3.) (i) The facts of this case, in nutshell, is that the petitioner was working as a constable in C.I.S.F in the year 1992. Then during his course of employment, he was transferred to Korba Super Thermal Power Station wherein the incident of misconduct happened. The petitioner was charge sheeted stating, inter alia, that under the influence of liquor he gave a blow by a mosquito net rod to his colleague on his head on 28/03/2004. The other charges were that on the same date and subsequent date he failed to report the duty on time in the uniform and since he came late he was not allowed to join. Having served with the charge sheet, he filed the reply on 15/04/2004 and denied the charges. Instead the allegation was clamped on the person who was said to have been assaulted that he kicked the food plate of the petitioner thereby the dispute occurred and the complainant himself got injury as he fell down under the influence of the liquor. Having not satisfied with the reply of the petitioner, departmental enquiry was contemplated and then commenced.