CHATTAR SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioner's grievance is that the impugned order removed him from the services of the Central Industrial Security Force (CISF) for an alleged misconduct committed on 25.05.2014.

(2.) The facts in brief are that the petitioner was deployed at the International Airport Mumbai as Security Guard and then working as SubInspector (Executive) specifically tasked to check gate tickets and passports of the passengers. It was alleged that one of the passengers complained of inappropriate behavior for which a preliminary enquiry was conducted. This ultimately resulted in an order of dismissal. The CISF invoked Rule 39(2) of the CISF Rules, 2001, which enables it to dispense with the departmental enquiry when it is not "reasonably practicable to do so".

(3.) The petitioner complains that though a preliminary enquiry was conducted, in the course of which apparently CCTV footage was taken into consideration, the disciplinary authority never put the adverse material i.e. the relevant footage to him. The bare allegations were put to him in a preliminary enquiry for which according to him sufficient and reasonable explanation had been provided by him i.e. that the passenger moved suddenly which resulted in accidental contact.