DASHRATHI MISHRA Vs. UOI

JUDGEMENT

(1.) PETITIONER- a Security Guard of C.I.S.F. Unit at Cochin Shipyard was charge-sheeted under Rule 34 of C.I.S.F. Rules, 1969 for the following offence:-

(2.) ENQUIRY commenced with Memorandum of 20th June, 1980 along with Article of Charge (Annexure-I), statement of allegation in support of the Article of Charge (Annexure-II) and list of witnesses (Annexure-III) being served upon the petitioner who had submitted the written statement of defence on 12 th August, 1980. During the course of disciplinary proceedings, evidence of four witnesses was recorded and the petitioner was given an opportunity to cross-examine them but the petitioner chose not to cross-examine Sh.Udayaveer, Commandant (CISF), SI K.K.Niranjan. However, the petitioner had cross-examined SI T.K.Mondal and Asst. Commandant P.K.Lahiri. Upon conclusion of the enquiry, penalty of dismissal from service was inflicted upon the petitioner against which, he had preferred a statutory Appeal but without success. Even the Revisional Authority upheld the penalty imposed upon the petitioner.

(3.) EVEN the cross-examination of Sh.K.K.Niranjan (PW-4) sufficiently incriminates the petitioner and it is as under:-