MAHESH SINGH SIKARWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of Constitution of India has been filed seeking following reliefs.:-

(2.) It is the case of the petitioner that charge-sheet was issued on four different charges. A departmental enquiry was conducted. The charges No. 1, 2 and 4 were not found to be proved, whereas, charge No. 3 was found to be partially proved. Accordingly, a show cause notice was issued along with enquiry report and the Commandant/Disciplinary Authority vide order dtd. 29/7/2006 imposed the punishment of censure. Thereafter, a show-cause notice was issued by the DIG, CRPF, Neemuch dtd. 7/5/2007 to the effect that the charge No. 1 was in fact supported by the evidence of the complainant and Manzoor Alam and was duly proved and therefore, he does not agree with the punishment of censure and in exercise of power contained under Rule 29 (2)(D) of CRPF Rules, 1955, the petitioner was called upon to show-cause as to why he may not be removed from service. The petitioner submitted his reply and refuted the allegations.

(3.) By impugned order dtd. 17/7/2007, the DIG CRPF Neemuch has cancelled the order dtd. 29/7/2006 issued by the disciplinary authority and imposed the punishment of removal from his services.