DHARAMPAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in this writ petition is to the order dtd. 5/4/2017 passed by the 3rd respondent, confirming the order dtd. 21/9/2016 passed by the 4th respondent and the order dtd. 3/3/2016 passed by the 5th respondent. By the said orders, the petitioner, while serving in the CISF Unit, Cochin, was removed from service.

(2.) The petitioner was issued a charge memo alleging that he had overstayed for a period of 137 days and that, despite issuance of three call up notices by the Unit Commandant directing him to rejoin duty immediately, he failed to comply with the instructions. It was alleged that such conduct amounted to gross negligence and disobedience of lawful orders issued by the competent authority.

(3.) The petitioner submitted an explanation to the show-cause notice denying the allegations and setting out the genuine reasons for his overstay. As the 5th respondent was not satisfied with the explanation offered by the petitioner, an Enquiry Officer was appointed. The Enquiry Officer, after recording the statements of the Presenting Officer and the petitioner and after considering the documents produced by the parties, submitted a report holding that the charges against the petitioner stood proved.