PRADEEP KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) An order of the Central Administrative Tribunal dtd. 28/8/2023 passed in an Original Application filed by the petitioner is under challenge in this present writ petition. By the impugned order, the Tribunal rejected the petitioner's prayer for quashing the memorandum of charge, the order of dismissal, the order of the Appellate Authority confirming the order of dismissal and the Authority's rejection of review from the said order. The petitioner's prayer for re-instatement to the post in which the petitioner was appointed was also rejected.

(2.) The petitioner was appointed as a Constable in the India Reserve Battalion (IRBn), Andaman and Nicobar Islands in 2002. The petitioner was arrested in 2012 in connection with a case in the Aberdeen Police Station under Sec. 451, 354 and 506 of the Indian Penal Code, 1860. A preliminary enquiry conducted against the petitioner and the Inquiry Officer submitted a report on 18/6/2012 pursuant to which the petitioner was placed under suspension. A departmental enquiry was initiated against the petitioner on the Articles of charge vide memorandum dtd. 24/1/2013. The petitioner denied the charges framed against him. The Inquiry Officer conducted as enquiry and submitted his findings on 10/10/2013 which was served upon the petitioner. An opportunity of hearing was given to the petitioner to reply to the findings of the Inquiry Officer which was submitted on 20.10. 2013.

(3.) The Disciplinary Authority (Commandant), IRBn imposed the penalty of dismissal from service by an order dtd. 28/2/2014. The petitioner preferred an appeal before the Appellate Authority on 23/5/2014. The Appellate Authority rejected the appeal by an order dtd. 7/6/2014. The petitioner, in the meantime, was acquitted in a criminal proceeding by an order of the Judicial Magistrate, First Class-II on 14/11/2017. Pursuant to the acquittal, the petitioner sought for review of the order passed by the Appellate Authority which however was dismissed on 7/3/2018. The petitioner filed the Original Application before the Central Administrative Tribunal which culminated in the impugned order dtd. 28/8/2023.