RAKESH KUMAR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks to issue a writ, order or direction in the nature of certiorari to quash the order dated 17.02.2006 (copy Annexure-1 to the writ petition), passed by respondent no. 3. A further prayer has been sought for issuing a writ, order or direction in the nature of certiorari quashing the order dated 25.05.2006, passed by respondent no. 2, in the appeal dated 08.03.2006 (copy Annexure-8 to the writ petition).

(2.) Petitioner joined the Central Industrial Security Force (CISF), as constable, in the year 1985, and on the relevant date was posted at CISF Unit, T.H.D.C. (outpost Koteshwar), Tehri Garhwal since 16.10.2004. The petitioner was aggrieved by the order dated 17.02.2006, passed by respondent no. 3, whereby the services of the petitioner were terminated.

(3.) Brief facts giving rise to the present writ petition are that petitioner was served with a notice on 28.05.2005, alleging therein that on 15.11.2004, petitioner was posted at the office of General Manager, Koteshwar, from 2100 to 0500 hours, on night duty. On inspection, petitioner was not found on his given place of duty. On being asked it was found that petitioner with the help of civilian Haripal Singh had stolen two G.I. tin sheets from pump house with the intention to sell the same in the market. When S.I. S.S. Rawat gathered this information, he went towards the place of incident, where he met the petitioner and civilian Hari Pal Singh. On being asked, why the petitioner left his post, petitioner misbehaved with S.I. S.S. Rawat, twisted his arm and grounded him.