R N BERA Vs. COMMANDANT

JUDGEMENT

(1.) THE Writ of certiorarified mandamus is preferred by the petitioner, seeking to call for the records relating to the order, dated 27. 11. 2000, passed by the appellate authority, the second respondent herein, in order No. V-11014/50/2k/landr (SZ)/7447, confirming the final order passed by the first respondent, dated 18. 06. 1999, in order No. V-15014/2/cisf/estt-1/rnb/2000/248 and quash the same and also to direct the respondents to take the petitioner into the strength of CISF as constable with all monetary benefits.

(2.) IT is not in dispute that the petitioner herein joined in Central Industrial Security Force (herein after called CISF) as Constable on 15. 06. 1994 and on completion of training, he was transferred to Madras Port Trust ( now Chennai Port Trust) on 31. 08. 1995 and while he was so performing his duty, a memorandum of Article, under Rule 34 of the CISF Rules 1969 was issued on the petitioner, on 18. 02. 1999 along with supporting documents, and also a copy of the preliminary report, dated 25. 02. 1999, submitted by the Assistant Commandant, CISF Unit to the first respondent. The petitioner submitted his written statement of defence on 22. 02. 1999.

(3.) IT is seen that the charge framed, originally against the petitioner, as Article of Charge is available in Annexure I of the typedset, which reads as follows :