JAI KISHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Orders dated 26.02.1999 issued by the Commandant 5th Reserve Battalion Ghaziabad (U.P.) directing dismissal from service of the petitioner herein in exercise of powers conferred upon him under Rule 29-A of the Central Industrial Security Force Rules, 1969 ( hereinafter for the sake of brevity referred to as, 'the said Rules' ) as also the appellate order dated 10.06.1999 whereby and whereunder the appeal preferred by the petitioner herein was dismissed, are in question in this writ petition.

(2.) The petitioner was appointed as Constable in Central Industrial Security Force ( in short, 'CISF' ). He had been serving in 5th Reserve Battalion at Ghaziabad (U.P.). The petitioner was issued a charge sheet containing the following charges :-

(3.) The petitioner in the writ petition has 'inter alia contended as under :- During the period November, 1997 to May, 1998, the petitioner was sent on temporary duty to Dhul Line, CISF Unit, DHEP Dulhasti (J&K), a terrorist infected area, where one Shri G.C. Diwedi, S.I. (Executive) was the Post Commander. Allegedly, from the very beginning, said Shri Diwedi developed some sort of jealousy, provincial bias and started hostile discrimination and harassment of the petitioner. Allegedly on 02.05.1998 night, said Shri Diwedi was informed that the petitioner was having temperature and requested not to put the petitioner on regular duty, i.e., from 5.00 a.m. to 5.00 p.m. on 03.05.1998, but the said request was not acceded to. Thereafter, allegedly the petitioner after informing one Lalji Ram, Head Constable of the camp, went to the Base Camp, CISF to get medical treatment and after coming back at about 10.00 p.m. he went to sleep and as he was feeling unwell, he could not get up when somebody was knocking at the door. The petitioner allegedly performed the regular duty on 03.05.1998 despite the fact that he was very ill. Allegedly after performing his duties and taking permission from C.H.M. Head Constable Lalji Ram, he went to J.B. Hospital for treatment. As on the way, the petitioner got scared of the threats being advanced by said Shri Diwedi that in such terrorist infected area, it is very easy to finish a man and put up an excuse that he has been killed by terrorists, he went to the police station to lodge a complaint for his self-defence; whereupon the SHO immediately informed the said fact to one Shri Ravinder Kumar, Deputy Commandant and the said Deputy Commandant told that it is an internal matter of the CISF, and as such the complaint was not registered. However, allegedly the petitioner was sent to the Office of the said Deputy Commandant of the Unit along with one CISF Inspector, where he was given an assurance that the matter will be enquired into and he will be given all protection. Accordingly, as per the orders of the said Deputy Commandant, the petitioner was sent to the line of D-Coy, where he spent his night and on me next day, i.e., 04.05.1998 he along with the said Deputy Commandant arrived at the CISF Lines at Dhul. In the aforementioned situation, allegedly as the said Post Commander Shri Diwedi felt further annoyed and managed to get the afore-said charge sheet issued to the petitioner.