RAJPAL BHAGIRATH YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed challenging the order of dismissal of the petitioner passed by the disciplinary authority, confirmed by the appellate authority as well as revisional authority. The petitioner has also prayed for reinstatement to his original post with all consequential benefits.

(2.) Brief facts necessary for dealing with the present petition are as under:-

(3.) Learned Advocate for the petitioner vehemently submitted that the petitioner has been targeted and victimized. He submitted that no role is played by the petitioner in the entire episode and this is evident from the fact that there were other guards who were on duty. However, no action has been taken against them. It is submitted that the area for patrolling is almost one and half km. and therefore, it would be impossible for the petitioner to be present at all the places all the time and therefore, the incident of theft and fire cannot be attributed to the petitioner alone.