KRISHAN PAL Vs. UOI

JUDGEMENT

(1.) In the year 2002 the Petitioner Krishna Pal Singh was deployed as Constable with CISF Unit IOC, Panipat. Admittedly, an incident took place on 16.12.2002 involving the petitioner and SI R.L.Pandit who was the shift in-charge of the CISF Unit IOC, Panipat. The petitioner and SI R.L.Pandit gave their rival versions as to what actually happened. Admittedly, the two had a spat; abusive language was exchanged. Whereas petitioner alleged that SI R.L.Pandit triggered off the spat and slapped him, SI R.L.Pandit alleged to the contrary by stating that it was petitioner who abused him and assaulted him. A Preliminary Inquiry was conducted and the petitioner was suspended with immediate effect from 17.12.2002. A charge memorandum was issued to the petitioner on 08.01.2003. Charges levied upon him read as under:-

(2.) Needless to state, the petitioner refuted the charges and the Disciplinary Authority appointed T.S.Kohli Assistant Commandant as the Inquiry Officer to record evidence and submit a report.

(3.) The case of the department was that on 16.12.2002, the petitioner was on duty in the Administrative Bhavan of IOC till 21:00 hours. At 21:05 hours he telephoned SI R.L.Pandit, who was the shift in-charge detailed at gate no.1 and questioned him as to why the person who was to relieve him had not yet arrived, to which SI R.L.Pandit told the petitioner that he would be sending Ct.Narender Kumar as his reliever. That without waiting for his reliever the petitioner went to gate no.1, where SI R.L.Pandit was detailed, and started hurling abuses at him and manhandled him.