PRAKASH KUMAR SHUKLA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Vijay Dixit, learned counsel for the petitioner and Sri S.B. Pandey, learned Assistant Solicitor General of India and the learned Senior Advocate assisted by Sri Varun Pandey, Advocate for the opposite parties.

(2.) By means of this petition the petitioner has assailed the punishment order dated 9.3.2015 passed by the Commandant, 59 Bn. Seema Shasastra Bal, Nanpara, District Bahraich whereby the petitioner has been dismissed from the post of Constable. The petitioner has also assailed the order dated 17.12.2015 passed by the Deputy Inspector General, SSB, SHQ, Lakhimpur Kheri whereby the statutory appeal of the petitioner has been rejected.

(3.) The main ground to assail the aforesaid orders are that the order of major punishment has been passed without conducting the full fledged departmental inquiry and without providing the proper opportunity of hearing to the petitioner as the punishment order on dismissal has been passed only on the basis of show cause notice. The ground to assail the appellate order is that the appellate authority i.e. Deputy Inspector General, SSB, SHQ, Lakhimpur Kheri (hereinafter referred to as 'appellate authority' in short) has passed a mechanical order without considering the contention and grounds of the statutory appeal.