CHANDRA VIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present petition challenges the order dated May 10, 1999 passed by the disciplinary authority, Group Commandant, CISF Navi Mumbai, dismissing petitioner from service as also the appellate order dated October 27, 1999 passed by the appellate authority, DIG Western Zone, Mumbai, rejecting the appeal filed by the petitioner. We note that the petitioner has preferred a revision petition which was dismissed vide order dated November 14, 2000, by the revisional authority, which order has not been challenged.

(2.) THE factual matrix leading to the filing of the present petition is that on February 19, 1999, while working as a constable with CISF, the petitioner along with Ct.M.L.Sharma were posted for duty at the Container In -gate at the Jawarharlal Nehru Port Trust, Navi Mumbai. As claimed by Asst.Commdt.Akashdeep Ramdev, he conducted a surprise check at the Container Gate at 04:30 AM. He directed the petitioner and Ct.M.L.Sharma to accompany him to the adjacent room. Whereas Ct.M.L.Sharma obeyed the said direction, the petitioner disobeyed the same and instead went into an adjacent room. Petitioner emerged from the room shortly, which roused the suspicion of Asst.Commdt.Akashdeep Ramdev, who went to the room which petitioner had entered and found a sum of Rs.860/ - lying there. He confronted the petitioner and Ct.M.L.Sharma who confessed having received the said sum as bribe from drivers/transporters.

(3.) A perusal of the charge -sheet would reveal that petitioner was indicted for two distinct and severable offences; firstly for having disobeyed his superior officer and secondly for having taken bribe from truck drivers to permit entry into the precincts of the Port Trust.