EX HEAD CONST DHARAMBIR SINGH Vs. UOI

JUDGEMENT

(1.) Rule was issued on the writ petition on 21st May, 1999. With the consent of the learned counsel for the parties, the writ petition is taken up for final hearing.

(2.) The brief facts of this case are that on 29th April, 1982 the petitioner was enrolled as a Constable in G.C. II Ajmer and after undergoing a training of 9 months he was posted in the 3rd Battalion where he served for about 10 years. Thereafter the petitioner was posted in 38th Battalion CRPF at Mehrauli, GH Jharoda Kalan and in August, 1998, the petitioner was posted in E47 Battalion at Tripura. On 10th November, 1998 the petitioner was placed under suspension by the respondent No.3 and a departmental enquiry was ordered against him on the ground that the petitioner beat another Constable Shri Kailash Chand Dhyani while on patrolling duty and tried to fire upon the said constable with his rifle. On 30th December, 1998 the Enquiry Officer hold the petitioner guilty of the charge. On 15th February, 1999 the findings of the Enquiry Officer were confirmed by Shri C.M. Bakshi and the petitioner was awarded the punishment of dismissal from service. On 12th March, 1999 the petitioner preferred a statutory appeal to the respondent No.2 against the order of punishment. However, the appeal has not been decided by the respondent No.2. It is the findings of the Enquiry Officer dated 30th December, 1998 and order of dismissal of service dated 15th February, 1999 which has been challenged by the petitioner in this writ petition.

(3.) Even though this writ petition only challenges the departmental enquiry without challenging the appellate order, in the interest of justice we permitted the petitioner to raise the challenge to the appellate order in this Court. The petitioner was charged with the following offences:-