C.D. GURUNG Vs. UNION OF INDIA

JUDGEMENT

(1.) The brief facts in W.P. 7288(W) of 2002 is that the petitioner was employed in the Central Industrial Security Force (CISF) and posted at Central Industrial Security Force Unit, Indian Oil Corporation, Haldia at the relevant time maintaining very good record of service, but in the said CISF Unit, Indian Oil Corporation, Haldia due to extraneous reason, tendentiously some of the officers started damaging him.

(2.) Assistant Commandant issued him a Memorandum of Charge dated 06th November, 2000 alleging that he has not paid repairing charges of umbrella to umbrella maker. After he was promoted to the rank of Deputy Commandant, he remained posted in the same unit and issued another Memorandum of charge against the petitioner, dated 29th September, 2000. The said Deputy Commandant, inspite of denial of the allegations by the petitioner imposed a penalty of pay fine equivalent to two days pay. He was issued with another Memorandum of charge dated 1st December, 2000 by the Deputy Commandant under Rule 35 of Central Industrial Security Force Rules, 1969, wherein it was alleged that the petitioner was found sleeping at the Bungalow of the said Deputy Commandant.

(3.) The petitioner submitted that at the relevant point of time he had gone to attend call of nature and that the checking officer took away his materials. An enquiry was conducted behind his back and during such enquiry statement of the petitioner was recorded and the penalty of pay fine equivalent to two days pay was awarded by his final order dated 16th December, 2000. The said Assistant Commandant by his purported Memorandum of charges dated 7th February, 2001 alleged that the petitioner while on duty at Main Gate did not allow one Foreign National with computer related materials inside the Refinery premises and the said Assistant Commandant by his final order dated 20th February, 2001 awarded a penalty of withholding of one increment.