S. RAJA Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition has been filed challenging the order passed by the third respondent in No.V-15016/CISF/SS/L&R/Rev/SR/22/2018-8764 dtd. 15/10/2018 with a consequential direction to the respondents to appoint the petitioner with all attendant benefits.

(2.) The brief facts as stated in the affidavit are that the petitioner was originally appointed as Constable in Central Industrial Security Force (hereinafter referred to as 'CISF' for the sake of brevity) on 1/8/1992. Subsequently, he passed the departmental examination and was directly appointed as Assistant Sub Inspector Clerk cum Typist in CISF on 27/1/2011. Thereafter, he was transferred to various places and lastly, he was functioning as ASI Clerk. Apart from the above duty it was also in-charge of Non-Governmental Fund (for the sake of brevity hereinafter referred to as 'NGF') Sec. along with other Ss. .

(3.) A charge memo dtd. 12/4/2017 was issued against the petitioner containing five articles of charge as if the petitioner had misappropriated NGF to the tune of Rs.4,33,802.00. The petitioner submitted an explanation dtd. 21/4/2017 and an enquiry was conducted. After the examination of witnesses, the petitioner was directed to file a written statement and the same was submitted on 7/8/2017. Then, the Presenting Officer submitted his report on 17/8/2017. For said enquiry report, the petitioner submitted his response on 29/8/2017. The enquiry report was forwarded to the fifth respondent vide proceedings dtd. 7/9/2017 and the petitioner was also directed to submit his comments on the enquiry report. The petitioner submitted his representation dtd. 25/9/2017. Thereafter, the fifth respondent passed the impugned order of punishment of dismissal from service on 14/11/2017.