RAJE SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has sought the quashing of punishment order dated 30th April, 1997,the order dated 26th June, 1998 dismissing the revision petition filed by the petitioner and the order dated 7th August, 1999 passed by the appellate authority. THE petitioner has further sought his reinstatement with full service benefits.

(2.) BRIEF facts to comprehend the controversies are that the petitioner was detailed for election duty in Uttar Pradesh. While camping at CISF Unit, IISCO Burnpur certain officers had mistaken the alleged toy pistol of the petitioner to be a real pistol, which led to an incident due to which reason the petitioner was ordered to be apprehended, as the petitioner had become violent under the influence of liquor, he was therefore, taken to the police station in the night of 13th September, 1996.

(3.) THE enquiry proceedings were held at CISF Unit, IISCO Burnpur and later at Durgapur in phases. During the enquiry proceedings 8 witnesses were examined on behalf of the respondents and the petitioner also gave his statement. Though the defence assistant was appointed and the petitioner was given an opportunity to cross examine the witnesses, however, the petitioner did not cross examine most of the witnesses and rather stated that he had been pressurized and threatened. THE petitioner did not cross examine Sh.J.S.Negi, Assistant Commandant, CISF Unit, IISCO Burnpur, PW-1; Sh.B.N.Bej, Inspector PW22; Constable Rudresh Kumar, CISF Unit, IISCO, Burnpur, PW-3; Insp./Exe.B.Guruswamy, PW-4; ASI/Exe.Ram Kishore of CISF Unit, IISCO, Burnpur, PW-5 and Sh.S.V.Bhai, Assistant Commandant, PW-6.