ASHOK KUMAR Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) The petitioner has challenged the order of his removal from the service dated 3rd January, 1998 and has sought direction to the respondents to reinstate the petitioner in the service w.e.f. 3rd January, 1998 with full back wages and consequential monetary and other service benefits.

(2.) The petitioner was serving as a Constable in the Central Industrial Security Force (hereinafter referred as "CISF") in its Unit IISCO, Burnpur. The petitioner was issued a charge sheet dated 30th April, 1996 imputing that the petitioner tried to get one of the water pipe stolen with the help of a civilian from Bungalow No.2 of the old colony of DTPS, thereby showing gross misconduct and indiscipline.

(3.) The petitioner replied to the memorandum of charge on 20th May, 1996, wherein he submitted that while being on a weekly rest on 2nd March, 1996, the order was given by the Company Havildar Major (CHM), S.C. Mohiddin that he would have to come, since somebody was sick and so he was required to do his duty. The petitioner, therefore, in compliance of the order had gone to the control room at 2110 hours and after enquiring about his weekly rest he was returning to his quarter on a cycle when the chain of his cycle broke down and so he could only reach the quarter at about 2130 hours. The pleas and contentions raised by the petitioner in his reply were found to be not satisfactory and, therefore, a departmental enquiry was held against the petitioner.