KANAILAL KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave is granted to the learned Counsel for the Petitioner to amend the cause title of these Petitions by incorporating the Senior Commandant of the Central Industrial Security Force, Unit at Farakka Super Thermal Power Project.

(2.) In these two Writ Petitions, the Petitioner, Kanailal Kumar, prays for an Order commanding upon the Respondents to set aside and withdraw the charge sheet/charge Memorandum dated 15.10.2005 issued by the Senior Commandant of the Central INdustrial Security Force, Unit at Farakka Super Thermal Power Project in the District of Murshidabad and as contained in Annexure - P3. By reason by the said Memorandum, the Petitioner was said to have proved himself to be a habitual offender and was accordingly directed to show cause and to indicate as to whether he wanted personal hearing. IN Paragraph - 4 of the said Memorandum, it was indicated that if the Petitioner did not file his Cause within the period indicated above or did not present himself before the Enquiry Officer, then the matter will proceed ex parte.

(3.) From the charges levelled as against the Petitioner, it is evident that while one S. K. Biswas, Deputy Commandant, was briefing the B. Shift duty personnel at about 12.50 hours on 4.10.2005, the Petitioner was also present. As per the allegations, the Deputy Commandant had instructed that no one should carry any Bag (Jhola) for carrying tiffin box and water bottle during duty hours as it did not look good in uniform. It is alleged that the Petitioner disregarded and began arguing in an indisciplined manner with a loud voice and said that he would carry the Bag (Jhola). He then marched before the Senior Commandant and while the Deputy Commandant was reporting this fact to him, the Petitioner, in an indisciplined, indecent and in a high pitched voice said "MAIN C. O. SAHAB SE BAAT KAR RAHA HUN, AAP C. O. SAHAB KO KYUN PIN MARTA HAIN V