UNION OF INDIA AND ORS. Vs. SHAMSHER SINGH

JUDGEMENT

(1.) This writ appeal is preferred by the Union of India and its officers, who are managing and manning the Central Industrial Security Force Organization. This appeal is preferred against the judgment rendered by a learned Single Judge of this Court in W.P. No. 7356 of 2014. The respondent herein is a constable enrolled with Central Industrial Security Force. On 08.05.2013, when the petitioner reported to duty he was suspected to be under the influence of an alcoholic beverage. Therefore, he was taken to the KGH Hospital, Visakhapatnam for medical examination. It appears the respondent has declined to co -operate for undergoing the medical examination. However blood and urine samples were collected and they were sent to A.P. Forensic Science Laboratory, Hyderabad for analysis. The analysis by that laboratory revealed that there was no content of ethyl alcohol therein. However, the Central Industrial Security Force has treated the act of non -co -operation by the petitioner as a serious misconduct and a charge sheet was drawn for subjecting him to disciplinary control. On the premise that charges were held established, the petitioner has been punished by imposing punishment of removal from service with immediate effect on 10.07.2013. The appeal and revision preferred thereagainst have also failed. Hence, he filed the writ petition. The following are articles of charge against the petitioner:

(2.) Article of Charge -II: That No. 854350171 HC/GD Shamsher Singh of CISF Unit STPP Simhadri is charged with gross misconduct, indiscipline and violation of orders in that on 08.05.2013 when he was taken to NTPC Hospital, Simhadri and KGH Hospital, Vizag for medical checkup by Coy. Commander SI/Exe S. Bhattacharya along with 02 other Unit personnel, he refused medical examination by on -duty doctors and misbehaved as well as disobeyed the order of his seniors who were detailed to get him medically examined by appropriate medical authorities. Misbehaving with senior officers as well as disobeying lawful orders of senior officers is an act of gross misconduct, violation of orders and act of indiscipline which is unbecoming on the part of a member of an Armed Force of the union like CISF. Hence, the charge.

(3.) Article of Charge -Ill: No. 854350171 HC/GD Shamsher Singh of CISF Unit STPP Simhadri, was awarded with 04 minor penalties for various misconducts during his entire service. In spite of 04 penalties awarded to him, he has not improved his conduct as a good member of the Force and committed offences which shows his incorrigible attitude towards his duties, responsibility, conduct and discipline as a disciplined member of the force which amounts to gross misconduct, negligence, dereliction to duty and an act of serious indiscipline on the part of No. 854350171 HC/GD Shamsher Singh. Hence, the charge."