MIR MAJIBUR RAHAMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the present writ application challenging the order passed by the Disciplinary Authority dated January 28, 2003 wherein the Disciplinary Authority has imposed punishment of removal from service of CISF with immediate effect and the order passed by the Appellate Authority dated May 31, 2003 wherein the order of punishment against the petitioner was upheld and the appeal filed by the petitioner is rejected.

(2.) The petitioner was appointed as a Constable in the Central Industrial Security Force with effect from September 10, 1975 and was posted at FCI in Sindhri. On July 19, 1993, the petitioner was promoted to the post of Head Constable/GD. The petitioner was posted as Head Constable, CISF Unit, ONGC, Jorhat.

(3.) On June 24, 2002, the petitioner was detailed for escorting of field party, GP-33 with arms SMG (Carbine 9 mm) and 90 rounds lives rounds with three magazines. The escort party was divided into three phases and the petitioner was posted in the last phase. While the convoy of ONGC field party was returning forward base camp at 16.20 hours about 2 km from the Dhanshri Railway Station level crossing, the convoy was embraced and attacked by the suspected militants and started firing at random and in the meantime, the other two colleagues left the ambush-spot. On hearing, the first sound of firing and when the petitioner intended to get down from the vehicle, the petitioner fell down and got injury on his chest and started feeling giddiness due to low pressure and the petitioner had taken possession in a bush which was at the distance of hundred (100) metres from the site of militants' attack and the petitioner became unconscious.