RAN VIJAY SINGH Vs. CENTRAL INDUSTRIAL SECURITY FORCE

JUDGEMENT

(1.) The Petitioner, a former Constable in the Central Industrial Security Force ("CISF") has filed the present petition challenging the order dated 23rd January, 2015 of the Disciplinary Authority ("DA") whereby the Petitioner has been awarded the punishment of compulsory retirement with all admissible pensionary benefits. The Petitioner has also challenged an order dated 27th May 2015 of the Appellate Authority ("AA") dismissing his appeal and the order dated 5 th October, 2015 dismissing his Revision Petition.

(2.) The Petitioner joined the CISF as a Constable on 25th August, 2001. In the Petitioner's version of the events on 2 nd September 2014, while he was posted at the CISF unit at the Rajiv Gandhi Thermal Power Plant in Khedar, Haryana, the Petitioner developed a severe stomach ache and requested the Deputy Commandant, in the presence of the Assistant Commandant, to be referred for medical treatment. The Petitioner states that his request for medical assistance was construed as an "affront" by the above officers, and that 9-10 CISF personnel were ordered to enter the Petitioner's barracks and forcibly take him to the Civil Hospital in Hissar in order to confirm whether he had been consuming liquor. In para 6 of the petition, the Petitioner states that "the Doctor gave a report that fruity smell is coming from the petitioner and the petitioner refused to give the blood and urine samples". On the same day, the Deputy Commandant passed an order placing the Petitioner under suspension.

(3.) On 13th September 2014, a charge memo under Rule 36 of the CISF Rules, 2001, was issued to the Petitioner containing three charges, which may be summarized as under: