KAMALENDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ application has been filed, inter alia, challenging the final order dtd. 18/7/2006 passed by the Assistant Commandant, CISF Unit, ISP Burnpur and the order dtd. 8/3/2008 passed by the Appellate Authority constituted under the Central Industrial Security Force Act 1968,(herein after referred to as the said Act ), arising out of a charge-sheet dtd. 1/5/2006. The petitioner has also challenged the Final Order dtd. 17/7/2006 and the Appellate Order dtd. 11/7/2008 arising out of a charge- sheet dtd. 22/5/2006 (hereinafter referred to as the Second Charge-sheet). Since Mr. Mahapatra learned advocate representing the petitioner, on instruction, submits that he does not wish to press the challenge in respect of the final order and the appellate order passed in connection with the second charge-sheet, the present writ application is, thus, confined to the challenge arising out of the charge-sheet dtd. 1/5/2006.

(2.) The petitioner, while working as a Head Constable/Driver at the CISF Unit Burnpur, District Burdwan, was issued a charge- sheet dtd. 1/5/2006, enclosing there with statement of allegations. The charge-sheet, inter alia, reads that the substance of imputation of misconduct or misbehaviour in respect of which disciplinary action is contemplated is given in Annexure A to the said memorandum. The relevant portion of the said memorandum is extracted hereinbelow:

(3.) The petitioner duly responded to the aforesaid charge and while denying all material allegations claimed that the charge inflicted on the writ petitioner did not constitute a misconduct, in relation to discharge of his duties.