U.P. SINGH Vs. UOI AND ORS.

JUDGEMENT

(1.) THE petitioner is aggrieved by the penalty of compulsory retirement imposed by the Central Industrial Security Force (CISF) where he was employed as a Constable. The order imposing the said penalty was passed on 27.12.2003 after conclusion of enquiry in which the petitioner participated. His appeal to the appellate authority was rejected on 29.11.2004. His revision application too was rejected on 23.04.2005.

(2.) THE brief facts are that the petitioner joined as a Constable in the CISF on 31.05.1983. The petitioner was initially suspended on 10.07.2003 in respect of an incident which happened on 25.06.2003 at Akash Nagar Camp, Bacheli (Chhattisgarh ). Later, Articles of Charge with details of imputation dated 17.07.2003 were served upon him. In the enquiry, CISF examined six witnesses and the petitioner relied upon the deposition of three witnesses. After considering the materials on record, the Enquiry Officer (EO) concluded that the petitioner was guilty of the charge and furnished his report to that effect on 11.11.2003.

(3.) THE charge sheet alleged that the petitioner initially conversed with HC S.N. Prasad standing outside the quarter guard and during the conversation both got angry which led to heated and abusive arguments and quarrel during the course of which both sustained some injuries. The charge sheet later alleged that the petitioner was sent to the Akash Nagar hospital for treatment at 08.00 PM. It further stated importantly that the petitioner was in an intoxicated condition when the scuffling incident took place and that he also used abusive language. It was also alleged that the petitioner had entered the quarter guard and further that the scuffle between the two occurred outside the fencing.