SUNIL KUMAR P.K. Vs. DIRECTOR GENERAL/CISF

JUDGEMENT

(1.) This appeal has been filed challenging an interim order dated 20-08-2020 in W.P (C) No.17201/2020. As agreed by the counsel appearing on either side, the writ petition was also called for and heard. The petitioner while working as Assistant Sub Inspector / Executive in the Central Industrial Security Force (CISF) was issued with a memo of charges alleging certain misconducts. Learned Assistant Solicitor General submitted that the enquiry report had already been submitted to the disciplinary authority. The writ petition was filed challenging the enquiry proceedings raising a contention that the petitioner was suffering from massive brain stroke during August 2018 and he is under treatment for brain aneurysm. He was unable to participate in the enquiry properly on account of his medical condition. Though no such request was made to the enquiry officer, he had submitted a representation dated 29-06-2020 (Ext.P7) through his Commandant. Exhibit P5 representation dated 14-05-2020 was given by his wife and Ext.P11 representation was given by him on 15-08-2020. According to the appellant, it is ignoring the aforesaid that the enquiry and disciplinary proceedings are being continued.

(2.) The learned Single Judge while considering the application for interim direction rejected the same inter alia observing that the intention of the petitioner is to delay the disciplinary action initiated against him.

(3.) Learned counsel for the petitioner would submit that materials produced on record will clearly indicate that the petitioner was suffering from medical condition and therefore he should be given a fresh opportunity to conduct the enquiry proceedings with assistance and if necessary, his medical condition can be ascertained by examining him by a Medical Board.