ARVIND KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was recruited as a constable in CISF in the year 1994 and was charged in August, 1996 with the following charges

(2.) The petitioner did not submit any response to the article of charge and thus, an inquiry officer was appointed by the Commandant vide letter dated 21.8.1996. The inquiry report was submitted on 04.11.1996 whereby the petitioner was held guilty on both the accounts. It may be noticed that four witnesses appeared against the petitioner while the petitioner did not produce any witness in support of his defence. The petitioner submitted a reply to the inquiry report on 05.12.1996 and the disciplinary authority passed the final order on 9-10/01/1997 holding the petitioner guilty of the charges in imposing the penalty of removal from service. The petitioner thereafter filed the present writ petition challenging the same.

(3.) It may be noticed that the petitioner had preferred an appeal against the order of the disciplinary authority. According to him till the date of filing of the writ petition he had not received any order in appeal. The order in appeal was passed on 24-25/8/1997 and the same was brought on record only subsequently by the petitioner seeking to amend the writ petition by CM 967/2005 after lapse of almost 8 years. In terms of the amendment application certain other documents were also sought to be placed on record which forms part of the discussion hereafter. We may, however, note that the record shows that the amended petition has not been brought on record though the application for amendment was allowed on 12.08.2005 and the counter affidavit to the amended petition (copy of which would have been handed over to learned counsel for the respondents) is also on record.