SURAT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner joined services as Security Guard in Central Industrial Security Force (in short CISF ) on 11.02.1977. He was later designated as Constable. On 5.12.1985 his Commandant issued him a Charge Sheet containing the following two charges;

(2.) Since the written statement of the petitioner was not found satisfactory, the Commandant directed holding of an enquiry against the petitioner under Rule 34 of the CISF Rules in respect of the aforesaid charges by the Assistant Commandant. The Enquiry Officer exonerated the petitioner of the First charge, but found him guilty of the second charge. The Commandant, based upon the report of the enquiry officer and taking into consideration his past record, sentenced him to be dismissed from service on 16th January, 1987. An appeal filed against the aforesaid order was dismissed by the Deputy Inspector General, CISF, Eastern Zone vide order dated 10.6.1987. The revision petition filed by the petitioner also met the same fate as it was also dismissed by the Inspector General vide orders dated 16.9.1988. The petitioner claims to have also filed another petition under Article 49 of the CISF Rules, 1969 on 1.12.1988 (though denied by the respondents) but it was of no avail. The petitioner by way of filing the present writ petition has prayed for the issuance of appropriate writ/direction for quashing his conviction and sentence of dismissal and has also prayed for his reinstatement in service with all consequential benefits.

(3.) The learned Counsel appearing for the petitioner has assailed the punishment of dismissal in respect to the second charge and submitted that the punishment was not sustainable for the following reasons: