BACHHRAJ SINGH Vs. CENTRAL INDUSTRIAL SECURITY FORCE

JUDGEMENT

(1.) PETITIONER has filed this petition under Article 226 of the Constitution to challenge the order dated 17/11/2004, whereby the Commandant, Central Industrial Security Force (C.I.S.F.) inflicted on him punishment of removal from service with immediate effect. The appellate order Annexure-P/2 dated 31/01/2005 passed by Deputy Inspector General (DIG)/WZ is also called in question. The brief facts necessary for adjudication of this matter are as under:-

(2.) PETITIONER was working on the post of Constable in CISF, which is constituted under CISF Act, 1968. The rules namely CISF Rules 2001 (hereinafter called as "Rules") are framed for the members of the Force. The case of the petitioner is that in May, 2004, petitioner was posted with the CISF unit, Currency Note Press, Nasik (hereinafter called as "CNP"). On 16/05/2004, petitioner was residing in government accommodation allotted to him in Indian Security Printers' residential colony. In quarter No. 867 type-II, the petitioner had a quarrel with his neighbours, who were employees of CNP. The case of the petitioner is that he has been falsely implicated. Petitioner was served with a charge-sheet Annexure-P/4 dated 11/06/2004 issued by the Commandant. Parallely, a criminal case was also lodged against the petitioner. However, during pendency of the disciplinary proceedings, a compromise was entered into in the criminal case and accordingly, petitioner was acquitted.

(3.) SHRI Alok Katare on the other hand supported the order and disciplinary proceedings. He relied on the gazette notification dated June 9th, 2003, whereby CISF rules were amended to submit that the Commandant was very much competent to inflict the punishment of dismissal from service. He also produced the record of disciplinary proceedings for perusal of this Court.