RAJEEV KUMAR HEMBRAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner to quash the impugned order of removal from service dtd. 23/6/2020 and the order of the appellate authority dtd. 11/1/2021 and to reinstate the petitioner into service.

(2.) Brief facts which led to the filing of the writ petition are as follows:

(3.) Refuting the averments made in the writ petition, the respondents filed affidavit-in-opposition stating that the petitioner joined SSB on 13/6/2012 at 42nd Bn. SSB, Almora and was posted at 41st Bn. SSB, Ranidangaw.e.f. 29/1/2013 to till the dismissal from service on 23/6/2020. While the petitioner was performing sentry duty at R.P. Gate No. 01 of 41st Bn.SSB, Ranidanga on 13/7/2018 from 0600 hrs to 0900 hrs, he was using his personal mobile phone during duty hours in the sentry post, which is in contravention to order and directions issued time and again by the senior officers as observed by the duty S.O. UIN 14120079 ASI (GD) Partha Bhattacharya. The duty S.O. Partha Bhattacharya took his mobile phone in the presence of duty NCO UIN 14070789 HC(GD) Munna Singh and Guard Commander of R.P. Gate No. 01 UIN 13030102 HC(GD) Sanjib Dey on the said day. The duty S.O. made an entry in the duty register to this effect and moved away from the sentry post along with duty NCO and Guard Commander.