K.S. LODHI Vs. CENTRAL INDUSTRIAL SECURITY FORCE

JUDGEMENT

(1.) These petitions arise out of a common background. Facts being very similar, we may notice those arising in Special Civil Application No. 5325/2010.

(2.) The petitioner was at the relevant time working as a constable in Central Industrial Security Force ("CISF" for short). He was stationed at Air Force Yelanka, Bangalore. On 6.3.2009, a charge-sheet was issued against him which contained five charges. It was alleged in the charge-sheet that from 11.2.2009 to 15.2.2009, he was posted temporarily at the International airport, Bangalore. On 15.2.2009, at about 9 O' clock, he left CISF campus without prior permission and consumed liquor. He thereafter, got into an argument with an employee of CRPF Chikkabhiraiya by name and scuffled with him. During his medical examination, it was revealed that the employee was under influence of alcohol. Case of the employer is that the said charged official along with his colleague (petitioner of SCA No. 5324/2010) and yet another person (not before us), had thus got involved in the said incident. In the charge-sheet it is further alleged, that during the scuffle, the charged official caused injury to the said employee of CRPF. He thus acted in a manner unbecoming of an employee of CISF. Charge article-5 pertained to his past conduct. It was pointed out that during his service career on four previous occasions, he was visited with minor penalties on basis of his misconducts.

(3.) The petitioner filed a reply to the said charge-sheet in which he admitted his presence outside the CISF campus in the night of 15.2.2009. He however, denied that such visit was without permission since according to him no such permission was needed. He also admitted to a verbal altercation with the CRPF constable. He however, denied any physical assault. With respect to the past penalties, he stated that since he had already undergone such punishment, same should be discarded from consideration.