(1.) The petitioner was enlisted in the Indo-Tibet Border Police Force (ITBPF) as a constable on 25.11.1983. He earned a promotion to the post of L/Naik in the year 1991 and to the post of Naik in the year 1993. On 7.2.1993 he was deputed to the 11th Bn. ITBP and was attached to the "B" coy. On 27.2.1993 he received an office order suspending him from duty w.e.f. 27.2.1993 and informing him about an inquiry being contemplated against him.
(2.) On 18.03.1993 the petitioner was served with a Memorandum of Charge wherein 4 articles of charge levied upon the petitioner were listed as under:
(3.) Officers and jawans of ITBP were governed by the CRPF Act 1949 which was made applicable to the said Force. Thus the main charge levied upon the petitioner was that of misconduct in his capacity as a member of the Force, punishable under Section 11(1) of the CRPF Act.