EX. CT. RAJENDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed assailing the order dated 03.04.2006 passed by disciplinary authority finding the petitioner guilty of all five charges for which the disciplinary proceedings were conducted against him. The petitioner also assails the punishment of dismissal from service which was imposed on him by the same order A challenge is also laid to the order dated 15.02.2001 dismissing the statutory appeal and the order dated 31.03.2009 dismissing the revision filed by the petitioner.

(2.) The petitioner has claimed that he was enrolled in the CISF as a Constable on 23.06.1987. It is not disputed that he was detailed for internal security duty at Coy No. 23 under Vice President of India Bhawan on 22/23 September, 1999 between 2100 hours to 0100 hours at post No. 10 of the said Bhawan and was armed with a self loading rifle. One H.C. Dharambir Singh was detailed for patrolling duty. The allegations against the petitioner are that during patrol of the area when H.C. Dharambir Singh reached post No. 10, the petitioner abused and threatened to kill him and cocked his weapon for this purpose. H.C. Dharambir Singh is alleged to have sent a message to the Company Commander and the Shift In-Charge of this conduct. The petitioner is stated to have been found in a delinquent and aggressive mood. When the Company Commander Damodar Singh ordered replacement of his duty and also directed the petitioner to deposit the weapon in question in the armoury at the premises at the Vice-Presidents House, he failed to obey the order and questioned the Company Commander as to the reason for the same.

(3.) The above conduct of the petitioner was treated seriously and the respondents issued a charge sheet dated 03.04.2000 to the petitioner. The respondents proposed to hold disciplinary proceedings against the petitioner and a charge memo dated 22.10.1999 was issued to the petitioner leveling the following charges against him: