LAWS(CAL)-2017-1-70

IRSHAD AHMED Vs. UNION OF INDIA

Decided On January 18, 2017
Irshad Ahmed Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner, a constable of the Central Industrial Security Force, was proceeded against departmentally. The disciplinary proceedings initiated against him culminated in an order of removal from service dated Aug. 30, 1999 passed by the disciplinary authority (respondent no. 6). The order of removal from service was carried in appeal before the appellate authority (respondent no. 5). The appeal was rejected by an order dated Jan. 25, 2000. A revision having been filed against the appellate order, the revisional authority (respondent no. 4) by his order dated Dec. 7, 2000 rejected it. Aggrieved thereby, the petitioner has invoked the jurisdiction of this Court under Art. 226 by presenting this writ petition.

(2.) The pleaded facts reveal that by an order dated Jan. 7, 1999, the petitioner was placed under suspension. A charge-sheet dated Feb. 25, 1999 was issued against the petitioner by the respondent no. 6 levelling the following charges:

(3.) In his response dated March 13, 1999 to the charge-sheet, the petitioner denied that he had committed misconduct and claimed innocence. In view thereof, an enquiry officer (respondent no. 8) was appointed who proceeded to conduct inquiry. Seven witnesses placed their statements supporting the prosecution case. The petitioner cross-examined such witnesses and also answered questions put to him by the enquiry officer. On completion of enquiry, a report dated June 25, 1999 was submitted by the enquiry officer recording that the charges levelled against the petitioner stood proved. The findings recorded by the enquiry officer read as follows: