EX CONST RAM CHANDER Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, who worked as a Constable in the CISF has sought the quashing of order dated 16th November, 2010 passed by the Commandant, CISF Unit, GBS Zone, New Delhi, compulsorily retiring the petitioner from the service with 2/3rd pension and gratuity benefits. THE petitioner has also sought the quashing of order dated 18th February, 2011 passed by the Inspector General, Airport Sector Headquarter and order dated 30th June, 2011 passed by the Dy.Inspector General, CISF GBS Zone rejecting the appeal and revision petition of the petitioner. THE petitioner has also prayed for directions to the respondents to reinstate the petitioner with all consequential benefits.

(2.) BRIEF facts to comprehend the disputes are that the petitioner joined the Central Industrial Security Force (hereinafter referred to as "CISF") on 4th February, 1991 and had been working with this paramilitary force in different parts of the country.

(3.) THE petitioner was suspended by order dated 12th May, 2010 passed by the Commandant, CISF Unit, GBS Zone, and the subsistence allowances payable to the petitioner was fixed by order dated 11th May, 2010. A Memorandum of charge dated 28th May, 2010 was issued to the petitioner leveling three charges. THE charges framed against the petitioner were that firstly on 8th May, 2010 for night duty from 2100 hours to 9th May, 2010 up to the 0500 hours he remained absent for some time without permission of the competent officer and that when he came to assume his duties at 2130 hours he showed indecent behaviour with the official in-charge, secondly, that on coming late for duty at 2130 hours in Yojna Bhawan Room, he found to be in abbreviated condition and finally that the petitioner had been given 12 minor punishments during his service period. THE details of the minor punishments during the service period of the petitioner as shown in the charge sheet are that he was found gossiping and sitting under a tree leading to the punishment "censure" by order dated 27th January, 1993; for over staying leave for 46 days from the period of 27th March, 1993 to 12th May, 1993 which led to the punishment of one stoppage in salary increment for two years without cumulative effect by order dated 29th September, 1993; that the petitioner was found sleeping on duty and that he was given the punishment of salary deduction for three days by order dated 4/12th March, 1994; that he was found sleeping on duty and he was given the punishment deduction of salary for two days by order dated 24th June, 1994; for over staying leave for 72 days leading to the punishment of one stoppage in salary increment for one year without cumulative effect by order dated 30th January, 1995; that he was found sleeping on a wooden box on duty, entailing the punishment of one stoppage in salary increment for one year without cumulative effect by order dated 14th July, 1996; for remaining absent from duty on 8th April, 1996 and found sleeping on duty, resulting into the punishment of salary deduction for two days by order dated 8th April, 1996; for remaining absent from wrestling competition for the period of 9th September, 1998 to 10th September, 1998 resulting into the punishment of salary deduction for one day by order dated 20th March, 1999; for abusing the guard commander during duty resulting into the punishment of one stoppage in salary increment for one year without cumulative effect by order dated 3rd September, 2002; for misguiding the higher officers by making false allegations leading to punishment of censure by order dated 20th January, 2005; for remaining absent from duty on 12th June, 2004 entailing the punishment of censure by order dated 20th January, 2005 and the refusal to go on duty on 18th August, 2005 which was punished by salary deduction for one year by order dated 18th August, 2005.