C.JAYABALAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the above Writ Petition to issue a Writ of Certiorarified Mandamus, to call for the records relating to the order passed by the second respondent in his order No. V-11014/95/l & R/ 2009-162 dated 22. 01. 2010 confirming the order passed by the third respondent dated 17/18. 09. 2009 in his order No. V-15014/L & R /Suo- Motu/CJ/SS/2009-2021 enhancing the order passed by the fourth respondent dated 21. 05. 2009 in his order No. V-15014/CISF/NLC/Maj/CJ/Disc/2009/5845 confirming the order passed by the fifth respondent dated 28. 02. 2009 in his final order No. V-15014/CISF/NLC/Maj/CJ/Disc/2009/2142 and quash the same and to direct the respondents to take the petitioner into strength of Central Industrial Security for as Head Constable / Armourer with all monetary benefits.

(2.) The learned counsel appearing for the petitioner submitted that the petitioner joined in the Central Industrial Security Force as Constable on 11. 10. 1982 at Trichy. While he was serving under the fifth respondent, a charge-memo under Rule 36 of the CISF Rules was issued on 11. 09. 2008. The charge was that the petitioner was detailed for ARC-2008 along with other unit personnel on 20. 07. 2008 and while he was firing in lying position, a live round got stuck in the chamber of the rifle of N. Sahadevan and as such, he raised his hand and called the armourer to do the needful. After understanding the nature of defect, instead of taking the rifle from the firer to a safe place for cleaning the round from the chamber, the petitioner placed the screw driver at the base of cocking handle and hit the screw-driver by hammer two times slowly and eventually gave a hard hit.

(3.) The fifth respondent appointed the Enquiry Officer on 14. 10. 2008 and the petitioner submitted his defence statement on 26. 11. 2008. The enquiry officer, after perusing the detailed representation dated 10. 12. 2008, held that the charge framed against the petitioner stands proved.