ANOOP KUMAR Vs. CENTRAL INDUSTRIAL SECURITY FORCE

JUDGEMENT

(1.) The petitioner has sought the quashing of the order of his termination dated 13th May, 1999 and has also sought his reinstatement in the service with all the consequential benefits.

(2.) The brief facts to comprehend the dispute are that the petitioner was employed as a Constable bearing No.912330390 and was posted in the Company of CISF Unit, BSL Bokaro, Bihar. On 13th January, 1999 the petitioner was issued a charge sheet imputing certain allegations against him. The misconduct imputed against the petitioner was that he was found under the influence of the liquor by Inspector/Exe. Rakesh Kapoor (RI) on 4th November, 1998 at 2345 hours while on 'C' shift duty from 2100 hours on 4th November, 1998 to 0500 hours on 5th November, 1998. It was also alleged that he did not turn up for 'C' shift duty on 17/18.11.1998, 28/29.11.1998, 29/30.11.1998 and 16/17.12.1998 without any information/permission of the competent authority. The petitioner had been indisciplined and had also committed the gross misconduct of dereliction of duty, as he was found sleeping under the influence of liquor on 19/20.11.1998 and 21/22.11.1998. It was further imputed that the petitioner did not turn up for 'C' shift duty again on 16/17.12.1998 and thereafter, deserted from the Unit Line without any leave and permission of the competent authority and reported back to the Unit only on 29.12.1998.

(3.) The charges framed against the petitioner by memorandum dated 13.01.1999 are as under:-