RAM PRASAD Vs. UNION OF INDIA & OTHERS

JUDGEMENT

(1.) On the last date on 24.02.2015, the learned counsel for the Union of India was asked to produce the original copy of the medical report of the petitioner. Original copy of the medical report of the petitioner has been produced before this Court and the same has been perused.

(2.) The petitioner was a Constable in Central Industrial Security Force (in short "CISF") and at the relevant time in the year 2011 he was posted at CISF Unit Koteshwar, District-Tehri Garhwal, Uttarakhand. The charges against the petitioner are that on 27.08.2011 when he was assigned duties in the Mess he was found to be under the influence of liquor. Therefore, the first charge against the petitioner is that he was found under influence of Liquor while on duty. The second charge against the petitioner was that on the same day he was indulged in a "maar-peet" i.e. physical fight, with strangers in the Bazaar which is just outside the barracks. Initially the preliminary inquiries were done. In preliminary inquiry, it was found that certain men of public had reported that the petitioner was the person who was identified and he was the one who indulged in the alleged fight at the bazaar.

(3.) Thereafter, the inquiry officer was appointed and he came to the conclusion that though certain witnesses in the main inquiry have turned hostile but since they had identified the petitioner as one who indulged in the fight in the bazaar, the second charge against the petitioner was also proved.