P. JANARDHANA RAO Vs. COMMANDANT

JUDGEMENT

(1.) The petitioner working under the Central Industrial Security Force, by way of this petition, challenges the order dtd. 30/4/2016 by which the petitioner has been dismissed from service on the basis of a departmental proceeding. That order of dismissal has been confirmed in appeal by an appellate order dtd. 30/6/2016. The petitioner's revision petition also came to be dismissed by an order dtd. 24/11/2016. These orders are under challenge.

(2.) Facts in brief would indicate that the petitioner joined the CISF on 7/4/1989 as a Constable - General Duty. In September 2010, the petitioner was promoted as Head Constable. While being posted at CISF unit in GC Ankleshwar for a misconduct, the petitioner was issued a charge-sheet in 2016. The petitioner submitted a reply on 2016. A departmental inquiry was held. The charges levelled against the petitioner were held to be proved. The inquiry officer submitted a report on 12/4/2016. Based on the record and after inviting a representation from the petitioner against the inquiry report, the petitioner was dismissed from service.

(3.) Mr. A.K. Clerk, learned advocate for the petitioner would submit that the ground on which the penalty is challenged is on the ground of proper. The incident of stabbing Shri Rai was due to a deliberate provocation by Shri Rai by abusing the petitioner. The injury to Shri Rai on the chest was not a serious injury. Even the petitioner was injured. Even Shri Rai was under suspension and dismissed for assault cases. Mr. Clerk would further submit that it is wrong for the department to allege that the petitioner was in a drunken condition. In the prohibition case, the petitioner had been acquitted. Looking to the service record of the petitioner, Mr. Clerk would submit that the petitioner had put in 27 years of service and except the incident in question the record was clean inasmuch as he had received 21 good entries and cash award. The petitioner has a wife and two children dependent on him and in the aforesaid premises through written submissions the case of the petitioner as submitted by Mr. Clerk deserves a lesser punishment so that the petitioner can get terminal benefits.