TAJ MOHD Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) The petitioner is aggrieved by an impugned order made by Commandant, 45 th Battalion, ITBP on 03.08.2011. The appeal preferred by him to the concerned Deputy Inspector General was rejected on 03.07.2012.

(2.) Briefly the facts are that the petitioner has been working as a Constable in the ITBP since 1987 and was deployed along with two other constables on 02.07.2011, to bring back another ITBP Constable (Water Carrier Ankur Rana).

(3.) The petitioner argues that after deciding to proceed formally and record the evidence the respondents should not have proceeded with the matter summarily and ought to have given full and fair opportunity to him to rebut the charges levelled. It was argued that the delay of reporting back was only a small one i.e. of 3-4 days and ought not to have been visited with the penalty of severe reprimand which is disproportionate.