RAKESH KULHARI Vs. CENTRAL INDUSTRIAL SECURITY FORCE

JUDGEMENT

(1.) The petitioner was enrolled as a constable with Central Industrial Security Force in the year 1991 and was detailed at CISF unit B.S.P. Bhilai. Ct.D.K.Jaina was in-charge of the dry canteen and was responsible for selling the food stuff kept there to the force personnel of the unit concerned. A complaint was made to the Commandant of the unit informing that while receiving ration, the petitioner misbehaved with Ct.D.K.Jaina and assaulted him by pulling his testicles and punching him on the face and chest.

(2.) Taking cognizance of the complaint received the Commandant caused a preliminary inquiry to be made at which 4 persons; namely, Ct.D.K.Bahera, Ct.D.K.Jaina, HC S.K.Paul and L/Nk. S.K.A.Samad were examined and relevant would it be to note that during preliminary inquiry Ct.D.K.Bahera stated that on 21.4.1996 he saw the petitioner slap and punch Ct.D.K.Jaina on his chest at the dry canteen and he reported the matter to GD S.S.Rajan. Ct.D.K.Jaina stated that he was giving ration to all persons as per their turn when the petitioner asked him to give ration to him first and when he refused, petitioner abused him, caught his neck and slapped him on his face and then punched him on his chest and held/pulled his testicles. He cried in pain and hearing the noise G.D.Rajan and Ct.P.V.Prakash rescued him. Thereafter, GD Rajan made a general diary entry at 11:15 regarding the incident and sent him i.e. Ct.D.K.Jaina to the hospital. HC S.K.Paul stated that L/Nk.S.K.A.Samad informed him about Ct.D.K.Jaina being beaten at the dry canteen. Upon reaching the canteen he saw Ct.Rajan shutting the canteen doors and in his presence a general diary entry was made upon information given by Ct.D.K.Jaina who was later sent to the hospital. L/Nk.S.K.A.Samad stated that at the canteen, petitioner was arguing with Ct.D.K.Jaina about giving items as per seniority and when Ct.D.K.Jaina asked him i.e. petitioner what items he wanted, petitioner started beating Ct.D.K.Jaina and pulled his testicles.

(3.) Finding prima facie evidence, the Commandant issued a charge sheet dated 26.4.1996 to the petitioner listing one article of charge, which reads as under:-