MOHAMMED SADIQUE Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS Writ Petition has been filed, seeking to issue a Writ of Certiorarified Mandamus, to call for the records in order passed in No. V-11014/13/2001/L&R(SZ) 3306 dated 13.4.2001 on the file of the office of the Deputy Inspector General Central Industrial Security Force, Chennai-90 confirming the order passed by the Disciplinary Authority in No.V-12014/CISF/6RB/DISC/MAJ/MDS/2001678 dated 19.1.2001 on the file of the third respondent and quash the same as punishment is execessive, arbitrary, disproportionate and against the law and direct the fifth respondent to reinstate the petitioner with backwages.

(2.) THE case of the petitioner is that while he was working as Constable, he was issued with a charge memo under Rule 35 of the CISF Rules, 1969 on 17.6.1999 on the allegation that he has submitted an Application on 30.4.1999 to various District and CISF personnel bypassing the prescribed official channel to redress his grievance, for which he submitted his reply dated 23.6.1999, narrating all the facts, but the same was not accepted and he was awarded with the punishment of fine equivalent to seven days wages. As against the said order, the petitioner filed an Appeal and the same was also rejected.

(3.) THE further case of the petitioner is that he filed W.P. No,32 of 2002 before the High Court of Jharkhand, believing that the said Court has territorial jurisdiction and the said Writ Petition was dismissed by an order dated 19.12.2003 on the ground of lack of jurisdiction. THE Appeal filed by the petitioner against the said order in L.P.A. No,254 of 2004 was also dismissed by an order dated 8.4.2005 on the same ground of lack of jurisdiction. Hence, the petitioner is constrained to file the present Writ Petition.