TARA SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) This appeal is directed against the judgment passed by a learned Single Judge of this Court in connection with Writ Petition No. 5130 (W) of 2004 wherein and whereunder the Learned Trial Judge held that the punishment imposed against the appellant by the authority concerned does not call for any interference.

(2.) Feeling aggrieved and dissatisfied with the said finding of the Learned Trial Judge, the appellant came before us and ventilated his grievances that the Learned Trial Judge misconstrued the provisions of law and failed to appreciate the evidence taken by the Enquiring Authority and the punishment imposed by the disciplinary authority in its proper perspective. He also categorically submitted at the time of hearing that the Learned Trial Judge did not apply his mind nor had gone through the evidence recorded by the Enquiring Authority so far as seized articles are concerned.

(3.) In the interest of effective adjudication, factual aspect needs to be restated. Filtering out unnecessary details, fact of the case in a capsulated form is such that the appellant herein was a constable of C.I.S.F. and while he was leaving his place of duty during wee hours i.e. (intervening night of 18th April/19th April, 2001), he was found in unauthorized possession of 25 packets bearing Koya, made in Japan, 813 numbers of micro-button cells and 19 packets door viewers while checked by A.S.I., K.R.Patle. Such act of the appellant, according to his authority, amounted to misconduct, violation of rules and unbecoming of a member of the force.