SUMIT KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Facts disclose that the petitioner herein, now an ex-Constable (General Duty) in the respondent no.2, Central Industrial Security Force, [Hereinafter referred to as 'CISF'] after appointment as a Constable in the year 2012 was first posted in CISF Unit UCIL Jaduguda in December, 2017 and then posted at the CISF Unit HWP, Manuguru in January, 2018 where, on 18/1/2018, he received a Memorandum of Charge, stating that an enquiry under Rule 36 of the CISF Rules, 2001 is proposed to be initiated against the petitioner on the following charges, namely:-

(2.) After receipt of the said Memorandum of Charge under protest, the petitioner made applications for being provided Hindi Translations of the documents, however the same was rejected and since he failed to submit his reply against the chargesheet within the stipulated time, the Disciplinary Authority proceeded with the Departmental Enquiry and vide Final Order dtd. 1/5/2018 passed by the Senior Commandant (Disciplinary Officer), CISF Unit HWP, Manuguru, held that the charges against the petitioner stood proved and accordingly he was awarded the punishment of 'Removal from Service with immediate effect'.

(3.) Aggrieved therefrom, the petitioner first preferred an appeal dtd. 22/5/2018 against the Final Order dtd. 1/5/2018, which was dismissed by the Deputy Inspector General/DAB Zone CISF, DAB Zonal Headquarter Hyderabad vide order dtd. 13/6/2018. The petitioner then preferred a revision petition dtd. 24/7/2018, which was also dismissed by the Inspector General, DAE & DOS Sector Hors, New Delhi vide order dtd. 4/1/2019, holding that there were no procedural lacuna in the Departmental Enquiry and that no further intervention was required as regards the quantum of punishment.