B SEKAR Vs. COMMANDANT

JUDGEMENT

(1.) The petitioner who was working as a Constable in the Central Industrial Security Force, has sought for the issue of a writ of certiorarified mandamus to call for the records relating the order of the second respondent dated 15.09.1998 confirming the order of the first respondent dated 27.06.1998.

(2.) The petitioner who claims to have been working without any blemish was charge-sheeted on the following two allegations:-

(3.) The petitioner submitted his reply on 23.3.1998 denying the charges. An Enquiry Officer was appointed to enquire into the charges framed against the petitioner. An enquiry was conducted and the Enquiry Officer submitted his report on 30.06.1998 holding that the charges were proved against the petitioner. Thereupon the petitioner was called upon to show-cause against the conclusions of the Enquiry Officer. The reply furnished by the petitioner was not satisfactory and hence in exercise of the power conferred under C.I.S.F. Rules, an order of removal from service was passed by the Commandant. Aggrieved by the same, the petitioner filed an appeal before the second respondent. The second respondent also on consideration of the grounds of appeal, declined to interfere with the punishment and hence confirmed the order of removal of service. Hence the above writ petition.