PHOOL SINGH Vs. DY. INSPECTOR GENERAL/NE, CISF

JUDGEMENT

(1.) The present petition has been preferred seeking setting aside of the order dtd. 12/5/2016 passed by the Disciplinary Authority whereby under the provisions of sub Sec. (1) of Rule 32 of CISF Rules, 2001, the petitioner has been punished with compulsory retirement with all pensionary benefits. In addition, setting aside of order dtd. 24/6/2016 passed by the Appellate Authority is also sought whereby petitioner's appeal against the aforesaid order dtd. 12/5/2016 has been dismissed being devoid of merit.

(2.) The facts giving rise to the present petition are that the petitioner, Ex. Head Constable/ GD, had joined the services of CISF in the year 1990 and on 30/5/2014 he was directed to be posted out from CISF 8th RB Jaipur w.e.f. 14/7/2015/AN to CISF Unit HEP Uri-1 on regular posting. Against the aforesaid posting order, petitioner preferred a writ petition before the Rajasthan High Court at Jaipur Bench, which was disposed of vide order dtd. 24/7/2014 with liberty to the petitioner to make a representation to the Director General, CISF, who was further directed to consider the same keeping a sympathetic view. On his representation, considering education of petitioner's son, his posting was deferred up to 30/4/2015. Petitioner was relieved to his new place of posting vide Commandant CISF 8th RB Jaipur Movement Order No. (5851) dtd. 14/7/2015 with direction to join his new Unit i.e. CISF Unit HEP Uri-I after availing the applicable joining period. In the meanwhile, the petitioner again preferred a writ petition being W.P.(C) No. 7504/2015 before the High Court of Rajasthan at Jaipur, which was dismissed vide order dtd. 12/8/2015 with costs.

(3.) Since the petitioner failed to join his new place of posting, accordingly, a Charge Memo No. V-15014/CISF/HEP/ PS/Disc-36/2015-2346 dtd. 7/12/2015 under Rule-36 of CISF Rules 2001 was issued by the Commandant against the petitioner for overstaying his joining time without any authority from 31/7/2015 to 20/11/2015. The allegations are that pursuant to Movement Order dtd. 14/7/2015, petitioner had overstayed for 113 days while proceeding on regular transfer to CISF Unit HEP Uri-1.