CHARAN SINGH Vs. UNION OF INDIA AND ANR.

JUDGEMENT

(1.) C.M. APPL. 898/2013

(2.) ISSUE notice. Sh. Himanshu Bajaj, CGSC accepts notice and states that the petition may be disposed of at this stage without filing counter affidavit. The writ petitioner is aggrieved by an order of the Central Industrial Security Force (CISF) dated 25.06.2011 whereby he was dismissed from service. The petitioner was appointed as Constable by the CISF with effect from 08.04.1994. At the time of recruitment, he held himself out to be a Scheduled Caste (SC) candidate and relied upon a certificate dated 07.12.1992, which declared that he belonged to the Scheduled Tribe (Meena) community of Rajasthan. Apparently, the CISF, after enquiry, ascertained that the Caste Certificate issued by him was false. A chargesheet was issued; the petitioner went on leave on 11.10.2010. He replied to the charges; the disciplinary officer was not satisfied with the reply and directed investigation of the petitioner, for further proceedings. Accordingly, on 04.02.2011, an Inquiry Officer was appointed. The dismissal order states that during the departmental enquiry, despite issuance of notice to the petitioner, he did not choose to participate in the proceedings. During those proceedings, deposition of two witnesses were recorded and other materials taken on the record. Eventually, the departmental proceedings ended with the report of the IO, which was forwarded to the disciplinary authority on 24.05.2011. A copy of the report was marked to the petitioner; he was afforded opportunity to reply or make his comments against the same. He, however, chose not to do so. On the basis of the report of the departmental enquiry, the Commandant, who was the disciplinary authority, by an order dated 25.06.2011, recorded as follows:

(3.) IN the present proceedings, the petitioner claims that having regard to the circumstances and his past service of 17 years, he should be granted compassionate allowance not exceeding 2/3rd of the compensation pension, in terms of Rule 41 of CCS (Pension) Rules. In support of this claim, the petitioner relies upon the judgment of the Division Bench of this Court in Ex -ASI Shadi Ram v. Govt. of NCT of Delhi & Ors. : 2009 (4) SLR 52. In Shadi Ram (supra), this Court had elaborately analysed the provisions applicable, including Rule 41 and the Office Memorandum dated 22.04.1940 titled, "Guiding Principles for Grant of Compassionate Allowance", issued for applying the aforesaid Rule 41; which states as follows: