RAMBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) ON 15.3.2001 the petitioner joined as a constable under Central Industrial Security Force and after completing training was deputed in the State of Assam and thereafter in the State of Arunachal Pradesh. He claims to have received a message that his wife Suman Devi, an expectant mother, was unwell and the unborn child in her womb was likely to be aborted. Being disturbed and wanting to be with his wife, petitioner claims to have made a request to the Company Commander, Insp.A.K.Arya that he be sanctioned leave and since the authority to sanction leave was the Commandant, petitioner claims that Insp.A.K.Arya assured him that he would speak to the Commandant, but no leave was sanctioned.

(2.) BY 16.7.2006, an unfortunate incident took place, in respect whereof a charge -sheet was issued to the petitioner.

(3.) WITH respect to the incident which took place on 16.7.2006 at Tengapani (Arunachal Pradesh), the petitioner was charge -sheeted under Rule 36 of the CISF Rules 2001. 3 Articles of Charge were framed against him as under: - "Article ­ 01: Force No.814501117 Constable Ramvir Singh (Under suspension) working in CISF DM Battalion, Mundli during his duty in Tengapani (Arunachal Pradesh) for internal security duty, from about 2100 Hours dated 16.07.2005 to 0115 Hours dated 17.07.2005 raised hue & cry under influence of wine. Being a member of a disciplined force, the said act of Force No.814501117 Constable Ramvir Singh (under suspension) shows grave indiscipline, arbitrariness and dereliction of duty. Therefore, charge is proposed. Article ­ 02: Force No.814501117 Constable Ramvir Singh (Under suspension) working in CISF DM Battalion, Mundli during his duty in Tengapani (Arunachal Pradesh) for internal security duty, on 16.07.2005 at 2200 Hours under the influence of liquor indulged into abusing senior officials of CISF using unparliamentary language and extended threat to eliminate them. Being a member of a disciplined force, the said act of Force No.814501117 Constable Ramvir Singh (under suspension) shows grave indiscipline, arbitrariness and dereliction of duty. Therefore, charge is proposed. Article ­ 03: During the service tenure of about 05 years Force No.814501117 Constable Ramvir Singh (Under suspension) working in CISF DM Battalion, Mundli has already been punished by light sentence once for the allegation of remaining absent from the place of duty, extending threat, providing wrong information to senior officials, still he has been unsuccessful to improve his conduct. Therefore, charge is proposed."