LAXMAN SINGH, CISF Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is a young recruit who was enrolled as a Constable (GD) in CISF in the year 2009. He has assailed the order dated December 10, 2012 passed by the Disciplinary Authority whereby penalty of removal from service has been inflicted on the petitioner for the misconduct that while performing duty in 'B' shift from 14:00 hrs to 22:00 hrs on July 23, 2012, he assaulted one Sonu, a private guard of Bedi and Bedi Company and Ct.Ashok Kumar Jena of CISF at the Rajender Place Metro Station. Statutory remedy availed by the petitioner did not yield the desired result hence the petitioner has filed the instant writ petition assailing the order of removal from service imposed by way of penalty upon him.

(2.) LEARNED counsel for the petitioner on instructions from the petitioner submitted that he is not pressing the various grounds urged in the writ petition and limited the submissions only on the proportionality of the penalty imposed.

(3.) THE Article of Charge against the petitioner reads as under: - "Force Serial No.097360179 constable (suspended) Lakshman Singh, CISF unit, DMRC, Delhi was posted on 23.07.2012 in second shift at Rajinder Place (North side) Metro Station of Blue Line. At about 2020 'o' clock, private Guard Sonu Kumar posted at AFC (North Side) of the metro station came and stood adjacent to constable Lakshman Singh. In the mean while constable Lakshman Singh openly beat private Guard Sonu Kumar and along with it he suddenly attacked with his leg and fists upon constable Ashok Kumar Jena posted at Exbex Machine. Force serial No.097360179 constable (suspended) Lakshman Singh in discharge of his duty unnecessarily attached upon his colleague Constable Ashok Kumar Jena at a public place which shows his grave carelessness, misbehaviour and misconduct against his duty."