PRAVIN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition, the petitioner has challenged the order passed by the Disciplinary Authority dated 20th November, 1999 as well as the order passed by the Appellate Authority dated 12th July, 2000.

(2.) The petitioner was recruited as a Sub-Inspector in the Central Industrial Security Force (CISF) in the year 1995 and was subsequently posted at the Western Zone, Mumbai Office. At the relevant time, the petitioner was discharging his duties at the BPCL unit. On 28th February, 1999, one R.A. Sharma who was discharging his services as a Constable in CSIF was apprehended by Inspector H.L. Chaudhary outside the north gate of BPCL. The said Sharma was found to be in possession of Rs. 10,780/and he could not indicate the source of the said money. Since the amount had taken from the Contractor of the Company at the instance ofthe present petitioner, the petitioner was placed under suspension on 31st May, 1999.

(3.) A regular departmental enquiry was conducted against the petitioner. The report of the Enquiry Officer is placed on record at page 43. The Enquiry Officer, after considering the evidence on record, came to the conclusion that all the three charges were proved against the petitioner. On conclusion of the enquiry, the petitioner was given a copy of the report of the Enquiry Officer and the petitioner was asked to submit his representation in this behalf. Ultimately, the Disciplinary Authority by its order dated 20th November, 1999 passed an order of dismissal of the petitioner from the services with immediate effect. The period of suspension was ordered to be treated as suspension period. The said order of the Disciplinary Authority was challenged by the petitioner by way of departmental appeal. The Appellate Authority concurred with the decision of the Disciplinary Authority and dismissed the appeal. Being aggrieved, the petitioner has approached this Court by way of this writ petition under Article 226 of the Constitution of India challenging the orders passed by the Disciplinary Authority and the Appellate Authority.