EJAJ AHMED KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the instant writ petition challenging the departmental proceeding and the orders passed by the Disciplinary Authority and the Appellate Authority wherein punishment of removal from service was imposed upon the petitioner.

(2.) By a Memorandum dtd. 29/9/1999, an Article of charges was served upon the petitioner on the allegation that on 21/9/1999 at about 1900 hours, the petitioner being a Constable of Central Industrial Security Force Unit, NRL, Numaligarh had abused and assaulted Inspector (Executive), N.C. Gorian along with Constable Harender Kumar as a result of which Inspector N.C. Gorian sustained injury. On receipt of the Memorandum of Charge, the petitioner has submitted his reply denying the charges levelled against him and accordingly the Disciplinary Authority had appointed Enquiry Officer to enquire into the charges levelled against the petitioner. During the preliminary hearing, the petitioner had objected for appointment of Shri KVK Sriram, Assistant Commandant as Enquiry Officer and requested to appoint another Enquiry Officer. Considering the request made by the petitioner, another Enquiry Officer namely, Jagdish Singh, Assistant Commandant, CISF unit was appointed, in place of Shri K.V.K Sriram.

(3.) The petitioner had participated in the proceeding and during the proceeding, nine witnesses and ten documents were exhibited on behalf of the prosecution and the petitioner has adduced five witnesses as defence witness. On completion of enquiry, the Enquiry Officer had submitted a report to the Disciplinary Authority and the said enquiry report was duly served to the petitioner and the petitioner had submitted his reply to the enquiry report. After considering the enquiry report and the reply submitted by the petitioner, the Disciplinary Authority had passed an order on 26/6/2000 by imposing punishment of removal of the petitioner from service from the date of receipt of the order.