MOHD. ASGAR ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Shivam Sharma, learned Counsel representing the the petitioner and Mr. Deepanshu Dass, learned Counsel representing the Union of India/respondents.

(2.) The present writ petition came to be filed by the petitioner in the year 1998 i.e. about 26 years ago, impugning order dtd. 3/4/12/1996 (Annexure No.1), 1/8/1997 (Annexure No.2) and 24/6/1998 (Annexure No. 3) and thereby seeking his reinstatement in service with all consequential benefits.

(3.) Briefly stating, the petitioner was appointed on the post of Constable in CISF on 12/4/1987 and after training, he was posted at CISF KCC Khetri, Rajasthan and subsequently he was transferred to PGUTPP, Uchahar Unit of CISF in the year 1991 and thereafter to Rae Bareli unit of CISF on 10/8/1994. It has been claimed that the petitioner was thereafter sent in election duty in the month of April, 1996, wherein a memorandum dtd. 9/6/1996 came to be issued to him. The said memorandum inter-alia alleged that on 7/6/1996 between 21.00 Hours to 5.00 Hours, the petitioner's duty was assigned at Quarter Guard and apparently, in the midnight, the Company Hawaldar Major checked the Quarter Guard as usual at about 2:00 hours, wherein the petitioner was found to be absent from the place of duty and he was found sleeping with rifle on his side in his room No. 22 and, as such, on the instance of Surendra Rai and Suraj Mani, the petitioner was woken from his sleep and sought an explanation. However, the petitioner failed to give any reply and instead went back on his duty. It is stated that the petitioner, after the service of the aforesaid memorandum, gave his written explanation on 9/6/1996.