RAVI KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) In invocation of the jurisdiction of this Court under Article 226 of the Constitution of India, the Writ Petitioner has called in question tenability and/or sustainability of the Memorandum of charge vide, dtd. 15/10/2013 issued against the Petitioner in contemplation of a Disciplinary proceeding, the Enquiry Report, dtd. 5/2/2014, the Order of Punishment, dtd. 28/2/2014 order of the Appellate Authority, dtd. 7/5/2014 and the Order, dtd. 21/1/2014 passed in revision.

(2.) Sans unnecessary details, the facts required to be adumbrated for the purpose of effective adjudication of the Writ Petition are that the Petitioner joined as a Constable in Central Industrial Security Force (in short, the CISF) on 20/8/2010.On 4/10/2013, he was posted as Constable in 'B' timings- 13.00 hrs. to 21.00 hrs. under 'A' Company at Tunnel gate of ISSCO, ISP, Burnpur, West Bengal. One R.N. Upadhyay, Head Constable and one Md. Alam, Asst. Sub-Inspector were also posted in the Tunnel Gate from 13.00 hrs. to 21.00 hrs. One Dharambir Kardam, SI/Exe was in charge of monitoring security checking at the gate through CCTV camera.

(3.) The visual checking and checking of gate pass were the procedures followed as security checking and no equipment like the metal detector or any mirror fitted stick was provided to a security team and gate passes were checked but no register was maintained to record entry of the vehicles through the Tunnel gate.