UNION OF INDIA Vs. DINESH SINGH BHADORIA

JUDGEMENT

(1.) The judgment passed in this appeal shall also govern the disposal of connected Writ Appeal No. 91/2009, Union of India and others vs. S. P. Singh since both the appeals have arisen from the common impugned order passed by the learned Writ Court in W. P. No. 609/2005(S) decided on 2-12-2008.

(2.) This appeal has been filed by Union of India and its functionaries under section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 against the order dated 2-12-2008 passed by the learned Writ Court allowing the writ petition of writ petitioner/respondent and by setting side the order of punishment and remanding the matter back to the disciplinary authority of the department to impose any other punishment upon the writ petitioner/respondent except compulsory retirement, dismissal or removal from service.

(3.) In brief the case of writ petitioner/respondent is that, he was charge-sheeted on 25th January, 2004 for assaulting one B. S. Rana (CHM) who was also an employee of the Central Industrial Security Force, an Armed Force of the Union while he was eating his dinner at 21:20 hours on 3-1-2004. The other charges were also levelled against the writ petitioner that he spoke in a high tone and in indiscipline manner with the senior officer B. S. Rana.