DURGESH S KOTHEKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition under Art. 226 of the Constitution of India is filed by the petitioner, inter alia, with the following prayers:

(2.) In the year 2006, the petitioner joined service as a Constable in Central Industrial Security Force. On 09.09.2011, the petitioner was relieved on regular transfer from CISF Unit, IOCL (BGR) Bongaigaon, Assam, to CISF Unit DSP Durgapur with eligible joining time of 10 days. He did not join at Durgapur on the ground that his domestic affairs were disturbed. Respondents sent 1 st call up notice on 05.10.2011 and 2nd call up notice on 18.11.2011 to petitioner's home address. Ms. Priya Kothekar, petitioner's wife lodged a report against the petitioner alleging physically and verbal harassment and also made dowry allegations on 3.12.2011. Thereafter, on 06.12.2011, respondents sent 3rd call up notice to petitioner's home address.

(3.) On 01.01.2012, vide charge memorandum No. V-15014/IOCL/Disc/Maj-01/2012/04, petitioner was charge sheeted under Rule 36 of CISF Rules 2001 and the charges leveled against the petitioner were as follows :