MUKESH MALIK Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition under Articles 226 and 227 of the Constitution of India has been filed on behalf of the petitioner seeking to set aside the Orders dtd. 5/10/2011 of Compulsory Retirement from Service and also consequential Orders dtd. 19/6/2012, 16/10/2012 and 12/11/2013 upholding the dismissal of the petitioner. It is further sought that directions be issued for his reinstatement with full salary and consequential benefits.

(2.) The petitioner was appointed as Constable in the Central Industrial Security Force (hereinafter referred to as "CISF") in the year 1987. During his service, he was posted to various CISF Units where he performed well. The petitioner, based on his unblemished service record, was promoted to the rank of Head Constable, CISF in April, 2009 and was posted to the CISF Unit, Uranium Corporation of India Limited (hereafter referred to as "UCIL") Jaduguda, Jharkhand.

(3.) On 19/9/2010, a quarrel took place between the husband of one Lady Constable, Ritu (CISF No. 072700134) and Sub-Inspector Mohd. N.A. Khan of CISF of which the petitioner was the witness. A complaint was made of this incident vide GD No. 637. The statement of petitioner was recorded in the Preliminary Enquiry against the husband of the Lady Constable Ritu.