EX CONST DINESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has sought the quashing of order dated 25th September, 2007 imposing the removal of the petitioner from the service, by exercising the power conferred under Rule 32 Schedule-I of CISF Rules, 2001 (Amended 2003) and also the quashing of order dated 18th July, 2008 passed by the Dy.Inspector General, Central Industrial Security Force dismissing the appeal and agreeing with the Disciplinary Authority, by holding that the charges against the petitioner are made out. THE petitioner has also challenged the order dated 29th April, 2011 passed by the Director General dismissing the revision petition of the petitioner and upholding the order of removal from service.

(2.) THE brief facts to comprehend the pleas and contentions of the petitioner are that he was posted with the CISF initially at Bihar, 4th Reserve Bn. Ranchi. During the said posting he proceeded for 10 days sanctioned leave and 16 days half pay leave from 27th March, 2006. THE petitioner was to report for duty on 22nd April, 2006, however, he failed to report on 22nd April, 2006 and instead reported on 27th April, 2006 after five days. THE petitioner thus, got over stay leave (OSL) and was permitted to join the duty at Ranchi and he was directed to proceed to Orissa at NDRF Bn. Mundali.

(3.) AN Inspector/Fire of CISF DM Mundali, Sh. Ramesh Kumar was appointed as Inquiry Officer by order dated 19th April, 2007. The order regarding appointment of the Inquiry Officer and Presiding Officer were sent at the address of the petitioner. Later on, due to administrative reasons, Sh.R.C.Mahto was appointed as the Inquiry Officer by order dated 30th June, 2007.