UNION OF INDIA (UOI) Vs. RAGHUBANS OJHA

JUDGEMENT

(1.) This appeal is against the judgment and order dated May 10, 1991 passed by a learned Judge of this Court on a writ petition which was registered as Civil Rule No. 16229 (W) of 1985. Respondent No. 1 in this appeal was the writ Petitioner. The writ Petitioner challenged his dismissal from service. By the impugned judgment and order the learned Judge set aside the order of dismissal and directed reinstatement with all back wages.

(2.) On May 1, 1980 the writ Petitioner was appointed as constable in Central Industrial Security Forces Unit of Durgapur Steel Plant. On June 25, 1984 he was suspended in contemplation of a disciplinary proceeding. A charge -sheet dated July 12, 1984 was served on the writ Petitioner. The charges were as follows:

(3.) Following the procedure for imposing major penalties as laid down in Rule 34 of The Central Industrial Security Force Rules, 1969 (in short 'the C.I.S.F. Rules, 1969) an enquiry was held. The writ Petitioner participated in the enquiry. Witnesses were examined and cross -examined. Documents were exhibited. On conclusion of the enquiry, the inquiring authority submitted its report dated December 16, 1984. The inquiring authority in its findings recorded that while charge Nos. 1 and 3 stood proved, the writ Petitioner was entitled to benefit of doubt regarding charge No. 2.