PADAM SINGH SHAKYA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed this petition being aggrieved by the order dated 23-9-2008 whereby the petitioner, who was working as a constable in the Central Industrial Security Force and was posted at BHEL, Bhopal, has been punished with compulsory retirement and also against the order dated 23-2-2009 by which the appeal filed by him against the order of compulsory retirement has been dismissed.

(2.) The brief facts leading to the filing of the present petition are that the petitioner, who was working as a constable in the Central Industrial Security Force and was posted at BHEL, Bhopal, was suspended by order dated 11-4-2008 and a charge-sheet was issued to him on 15-4-2008 on the ground that he had permitted his sister-in-law, Smt. Soni Shakya, to stay along with his family in the Government quarter allotted to him without obtaining prior permission from the concerned authorities and introduced her to constable Veeraiya Hosmat with the intention of establishing a matrimonial relationship between them as a result of which the said Smt. Soni Shakya started visiting the house of constable Veeraiya Hosmat. It was alleged that the aforesaid conduct of the petitioner, who was a member of the armed forces, amounted to a misconduct and accordingly, an enquiry was initiated against him.

(3.) The petitioner submitted his reply and adduced oral and documentary evidence on the basis of which an enquiry report was submitted on 8-8-2008 by the Enquiry Officer giving a finding to the effect that the charge levelled against the petitioner stood proved. A notice on the enquiry report was issued to the petitioner to which he filed his reply on 13-9-2008 and, thereafter, by the impugned order dated 23-9-2008 a punishment of compulsory retirement was imposed upon the petitioner. The petitioner, being aggrieved by the order of compulsory retirement filed an appeal before the appellate authority on 1-10-2008 which also stood dismissed vide impugned order dated 23-2-2009 being aggrieved by which the petitioner has filed the present petition.