UNION OF INDIA Vs. RAJ KUMAR JHA

JUDGEMENT

(1.) This mandamus appeal is at the instance of Union of India and is directed against the order passed by a learned Single Judge of this Court dated 23rd April, 2003 in a writ application thereby setting aside the order of compulsory retirement imposed upon an employee and directing the employer to reconsider the question of punishment, although, the finding of guilt on the charge levelled against the employee was affirmed.

(2.) The employer framed the following charges against the employee: Article of Charge No. 1 "That No. 801390021 HC/GD R. K. Jha was detailed for 'B' shift on 5.10.2000 from 13.00 hrs. to 21.00 hrs. at HBP (L) for security duties with Arms. The said HC/GD scuffled with HC/GD S. N. Raju at about 21.05 hrs while handing over the charge of the duty as a result Rifle 7.62 mm (BA) Mark No.2A Registered No. 42780 issued to him got damaged which tantamount to gross misconduct, most indiscipline and dereliction of duty and thus unbecoming of a good member of the disciplined force like CISF. Hence the charge". Article of Charge No. II As per service documents of CISF No. 801390021 HC/GD R. K. Jha of CISF Unit FBP Farakka it reveals that he is a habitual offender of indulging in various indiscipline following punishments under CISF Rules, 1969. i) OSL w.e.f. 13.3.85 to 10.4.85 and awarded the penalty of Censure vide Group Commandant New Delhi USO Part-II No. 279/85 dated 22.7.85. ii) Misappropriation of Govt. money while working as Dry Canteen in- charge at ONGC Nazira and awarded the penalty of 'Five days pay fine' vide final order No.V-15015/CISF/SDS/Min-97/398 dated 9-2-97. iii) Misbehaviour with senior arid awarded the punishment of'Withholding of one increment for a period of one year without cumulative effect' vide final order No.V-15015/CISF/IOC(H)/Disc/98/1295 dated 31/1-4-98. iv) Absent from duty post on 20.12.98 and awarded the penalty of 'four days pay fine' vide IOC(H) final order No.V-15015/IOC(H)/Disc/35/RKJ/99/510 dated 11-3-99. v) Left the duty post before completion of duty on 19.2.2000 at IOC(H) main gate and awarded the penalty of 'Two days pay fine' vide final order No.V-15015/CISF/IOC(H)/Disc/35/RKJ/2000/1582 dated 19.3.2000. vi) Sent false and baseless allegation against administration and awarded the punishment of 'withholding of one increment for a period of one year without cumulative effect' vide IOC(H)/ final order No.V-15014/CISF/ IOC(H)/ Disc/35/RKJ/2000/1583 dated 18.3.2000."

(3.) The disciplinary authority after completing the investigation and after giving opportunity of hearing to the employee found him guilty of the charges and inflicted a punishment of compulsory retirement.