OM PRAKASH Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) The challenge in these writ petitions is to the final orders dated November 07, 2003 passed by the Disciplinary Authority and orders passed by the Appellate Authority whereby the penalty of removal from service imposed on all the three petitioners, was upheld in appeal. It is desirable that all the three writ petitions should be disposed of by common order as all the three petitioners were charged for the incident dated August 05, 2003 wherein constable Raja Bhaiya Singh suffered injuries at the hands of three petitioners as well for their refusal to undergo medical examination. The respondents after initiating separate disciplinary proceedings against the three petitioners, imposed penalty of removal..

(2.) The Article of Charges framed against the writ petitioners are as under:- <FRM>JUDGEMENT_625_LAWS(DLH)1_2015.html</FRM>

(3.) Since the petitioners did not plead guilty to the charges levelled against them, in the separate inquiry proceedings in all seven witnesses have been examined by the respondents in support of the charges. On considering the evidence adduced during the course of inquiry, the Inquiry Officer arrived at the conclusion that the charges against the three petitioners had been proved by the respondents.