B NAGESWARA RAO Vs. COMMANDANT DISCIPLINARY AUTHORITY

JUDGEMENT

(1.) THE petitioner has prayed for issuance of a writ of certiorarified mandamus for quashing the order dated 10. 07. 2000 of the first respondent removing him from service and also the consequential orders of the second and third respondents dated 18. 12. 2000 and 26. 05. 2001 confirming the order of the first respondent.

(2.) WHILE the petitioner was working as a Constable in Central Industrial Security Force (hereinafter referred to as "the CISF"), a charge sheet dated 03. 04. 2000 was issued to him containing four charges. He gave an explanation dated 17. 04. 2000 to the said charge sheet, denying all the charges. The Enquiry Officer was appointed and he had also proceeded to conduct the enquiry without providing a Defence Assistant to the petitioner even though the latter had insisted for the same as per the CISF Rules, 1969 (hereinafter referred to as "the Rules" ). At the enquiry, the petitioner was exonerated partially to the extent that the charge sheet was partially proved and he was found guilty of charge nos. 2, 3 and 4. Based on that, the Disciplinary Authority has imposed on him, the punishment of removal from service vide his proceedings dated 10. 07. 2000 against which the petitioner preferred an Appeal to the Deputy Inspector General, the appellate authority, namely the second respondent herein. In turn, the Appellate Authority also confirmed the order of the Disciplinary Authority vide his proceedings dated 18. 12. 2000. Subsequently, the petitioner preferred a Revision against the order of the Appellate Authority on 08. 02. 2001 and the same was dismissed by the Revisional Authority vide his order dated 26. 05. 2001. Challenging the above proceedings, the petitioner has filed the present writ petition.

(3.) ACCORDING to the petitioner, he was appointed as a Constable in the CISF in the year 1985 and had put in 15 years of service and during his tenure, he was given two rewards and cash awards for his exemplary service. He had studied upto X standard in Telugu Medium and his mother tongue is Telugu. He knows a smattering of Tamil and Hindi and does not know English at all.