MOSLEM MONDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is directed against the order of the fourth respondent dated 15.10.1998, confirming the order of the fifth respondent dated 29.1.1998.

(2.) The petitioner is working as Assistant Sub Inspector, CISF Unit, MRL, Manali. Petitioner states that while he was working at the Durgapur Steel Plant, there was an outbreak of fire on 9.10.1985. He suffered burn injuries while performing his duty on his face, forehead, nose and other parts of the body. He was hospitalised for about 82 days. The burn injuries had also caused disability, as a result of which he was medically advised to take up light duty and subsequently, he was posted in the CISF Unit, MRL.

(3.) On 27.12.1997, the petitioner was called upon to explain as to why disciplinary action should not be taken against him as he was allegedly found sleeping at about 0255 hours on 28.11.1997. He submitted his explanation on 30.12.1997. However, a memorandum of charges dated 19.1.1998 was issued under Rule 35. The charges are as follows:- CHARGE - I "Gross indiscipline and negligence of duty in that No.703280402 ASI/Exe M.Mondal of CISF Unit MRL Manali was found sleeping on duty at 0255 hrs when detailed at East Gate on 'C' shift duty on 27.11.1997 from 2100 hrs to 0500 hrs on 28.11.1997 when checked by Company Commander A.P. Velu, CISF Unit MRL Manali". CHARGE - II "Gross negligence of duty and supervision of duty in that No.703280402 ASI/Exe M.Mondal of CISF Unit MRL Manali as In charge of East Gate allowed HC/GD P. Yadav and Constable Prem Singh at duty point to sleep inside the sentry room during 'C' shift duty at 0255 hrs when they were detailed at East Gate from 2100 hrs on 27.11.1997 to 0500 hrs on 28.11.1997".