(1.) The Petitioner, Onkar Singh, was appointed to the post of Constable in CISF in the year 1983. In the year 1992 he was attached to a Unit of the Force posted at HMT Factory, Rani Bagh, Nainital, Uttar Pradesh for purposes of providing security to the said Public Sector Undertaking. As per practice, 14 force personnel, one of whom was the Petitioner, were on duty during the first shift duration on 7.12.1993. It was alleged against the Petitioner that after completing the first shift duty, as the 14 force personnel proceeded to leave the precincts of the factory unit of which they were in charge of security, on being frisked 2 packets containing watch parts belonging to the HMT factory were recovered from the personal possession of the Petitioner.
(2.) The Assistant Commandant framed the charge-sheet dated 01.01.1994 alleging the following article of charge:
(3.) In reply to the charge-sheet issued to him, vide reply dated 05.01.1994 the Petitioner denied the allegations against him. Vide order dated 10.01.1994 the Group Commandant detailed Sh. A.K. Kalia, Assistant Commandant, CISF Unit as the Inquiry Officer.