R D SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has challenged the order dated 14th July, 1987 whereby the respondents had imposed the punishment of Censure on the petitioner. THE petitioner was earlier given a warning. By the order dated 16th August, 1989, another punishment of Censure was imposed on the petitioner.

(2.) BRIEF facts to comprehend the dispute between the parties are that the petitioner was serving in the Central Industrial Security Force (hereinafter referred to as CISF?) Unit PTPS Panki, Kanpur as Constable. During his service the petitioner was served with a charge sheet under Rule 35 of the CISF Rule, 1969 by the office letter dated 7th June, 1987 by the Assistant Commandant stipulating that while being detailed for Khere Magazine duty from 2100 hours to 0500 hours on 28/29th May, 1987, during a checking conducted at 0415 hours on 29th May, 1987 the petitioner was found lying on the roof top of Khere Magazine with Head Constable B.L. Behrawat and that he was fast asleep at the time with his rifle and ammunitions. It was further stated that the actions of the petitioner amounted to gross misconduct and negligence towards his duty while being posted on a sensitive post like Magazine.

(3.) ANOTHER charge sheet was issued by the Deputy Commandant against the petitioner vide Memorandum No. DC(P)/Z.1/CISF/BSL/13/89-1690 dated 16th June, 1989 , proposing to take action against him on the ground that the petitioner had overstayed on leave for a period of 10 days from 15th -24th March, 1989 without the permission/sanction from the competent authority. He had thereby committed an act of gross misconduct. The petitioner submitted his representation against the charges made against him on 1st August, 1989. He represented that he had fallen sick during the leave period. He had got the treatment from Primary Health Centre Bagga from 15th to 23rd March, 1989. It was further stated by him that he had informed the Company Commander about his illness well in time. The medical certificate showing that he was unfit at the time was also appended with his representation.