UNION OF INDIA AND OTHERS Vs. HARPAL SINGH

JUDGEMENT

(1.) The present second appeal is directed against the judgment & decree dated 10.03.2014 passed by the learned ADJ (Central-07)/Delhi in RCA No.68/2013, whereby the learned ADJ dismissed the first appeal preferred by the appellant/defendant and affirmed the judgment and decree passed by the learned Senior Civil Judge-cum-Rent Controller (Central), Tis Hazari Courts, Delhi in Suit No.479/2006 filed by the respondent/plaintiff to seek the relief of declaration.

(2.) The plaintiff was working as a Head Constable in the Central Industrial Security Force (CISF) at the CISF Unit PTPS Panki, Kanpur. A charge memorandum was issued to him on 04.03.1999 alleging certain misconducts. The misconducts, in substance, were that on the occasion of Holi on 03.03.1999, the respondent/plaintiff had consumed liquor in the Unit Line and when he was asked to go for medical check up to the hospital, he opposed the same and abused the Unit Officer/Sub-Officer and attacked Sh.D.S. Yadav, AC/Fire, Insp/Fire - T.K. Raghulal and Insp/Exe - M.P. Singh by using fists, and kicking with his legs. Other charges were also related to the same incident. It appears that the said charge-sheet was preceded by a preliminary inquiry. The charge-sheet enlisted several documents as the relied upon documents, which included the Roznamacha (General Diary) dated 03.03.1999 bearing serial Nos.99, 97, 101, 104, 111, 113, 114, 115 and 116. It also included the doctor's investigation report, and the preliminary inquiry report pertaining to the plaintiff.

(3.) In the departmental inquiry that followed, the respondent/plaintiff was held guilty of misconduct and, accordingly, he was punished by the disciplinary authority. He was awarded the punishment of dismissal from service. His departmental appeal was also rejected. Eventually, he preferred the present suit.