M.C.MISHRA Vs. UOI

JUDGEMENT

(1.) ENROLLED as a Constable with Central Industrial Security Force in the year 1985, petitioner was posted to 'E' unit Central Coalfields Limited, Dhori, Dist. Bokaro, Bihar (now in the state of Jharkhand). A complaint was made that Ct.A.K.Singh and the petitioner had left the unit lines without permission or intimation on 24.3.1996 and upon return around midnight, when the CHM HC B.L.Chaudhry questioned the two regarding their misconduct, petitioner assaulted HC B.L.Chaudhry.

(2.) IN view of the fact that jawans of Central Para Military Forces are armed, all forces have a rule that even when not on duty and if staying in the Unit lines, a jawan must take prior permission or at least make an entry in the register kept at the outpost gate while leaving the precincts of the unit and needless to state the object is laudable. There must be a record of movement of those who carry arms. Thus, taking a serious view of having left the Unit line without permission or even an intimation and additionally for having assaulted a superior officer who acted within his duty to question the petitioner on his conduct of leaving the Unit Line, without permission or intimation, the Commandant issued a charge sheet dated 25.04.1996, listing 2 articles of charge which read as under:-

(3.) VIDE letter dated 3.5.1996 the petitioner requested that the Inquiry Officer be changed, and relevant would it be to highlight that grounds on which petitioner wanted change of Inquiry Officer being not stated, the Commandant rejected the request.