BRIJPAL SINGH Vs. UOI

JUDGEMENT

(1.) THE writ petitioner was issued a charge memorandum on April 29, 1996 listing two charges against him. The first charge was of using insulting, uncivilized and threatening language against SI/Ex.Poonam Dutta on being detailed for second shift night duty on April 18/19, 1996. Second article of charge, which in fact is not a charge, was that thrice in the past the petitioner had been punished for indiscipline.

(2.) IT is apparent that it was charge No.1 which had to be looked into for adjudication of facts. As regards charge No.2, service record would have sufficed, and in respect thereof we note that as per the testimony of PW-11, SI Ramakant Ghandiyal, the service book of the petitioner evidenced he having been censured three times in the past; once for over- staying leave and twice for misbehaving with senior officers.

(3.) WE highlight that in the reply filed to the charge memo the petitioner admitted an exchange of words with the superior officers i.e. SI/Ex.Poonam Dutta but highlighted that whereas he was consistently assigned duties at the main gate which were arduous and additionally were being repeatedly assigned to him as night duties and that too without adequate breaks; others were being treated softly. It is in this context that the petitioner explained his intent that he used the word 'thekedari nahi chalegi', meaning thereby dictatorial attitude would not be accepted, as not being unparliamentary.